291 


THE  UNIVERSITY 
OF  ILLINOIS 
LIBRARY 

1914- 


Digitized  by  the  Internet  Archive 
in  2016 


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https://archive.org/details/codeofcoloradospOOcolo 


Compliments  of  the  City  of  Colorado  Springs 
^ • , r .Colorado, 

THE  CODE 


OF  COLORADO  SPRINGS. 


Comprising  Article  XX  of  the  Constitution  of  the  State 

of  Colorado, 

The  Charter,  Amendments  Thereto,  and  General 
Ordinances  of  the  City  of  Colorado  Springs,  Colorado, 

1914 


Revised,  Compiled,  Edited  and  Prepared 
for  Publication  by  the  City  Clerk  and 
City  Attorney. 

Frank  Exline,  LL.  B.,  Special  Assistant 


PUBLISHED  BY  AUTHORITY  OF  THE  CITY  COUNCIL 
COLORADO  SPRINGS,  COLO. 


THE  JOSLYN  QUICK  PRINTERY 


OFFICERS  AND  EMPLOYES  OE  THE  CITY  OF 
COLORADO  SPRINGS 

January  1,  1914 


Mayor Charles  L.  McKesson 

Commissioner  of  f inmvce J.  J.  Eubank 

'Commissioner  of  Public  Safety D.  G.  Johnson 

Commissioner  of  Public  Works  and  Property A.  J.  Lawton 

Commissioner  of  Health  and  Sanitation E.  W.  Erost 

Police  Magistrate C.  R.  Manning 

City  Clerk Charles  Chapman 

Deputy  City  Clerk  and  License  Collector Charles  P.  Smith 

Recording  Clerk  and  Stenographer Julia  H.  Dakens 

Deputy  and  Miscellaneous  Clerk C.  R.  Chapman 

City  Attorney Henry  C.  Hall 

Assistant  City  Attorney J.  L.  Bennett 

Treasurer F.  A.  • Bartholomew 

Auditor H.  G.  Cogsdill 

S^iperintcndent  of  Water  and  Water  Works B.  B.  McReynolds 

Clerk Cyrus  B.  Grimes 

Water  Coimmssioner W.  R.  Allen 


Clerk 

Clerk 

Superintendent  of  Streets 

Foreman  of  Street  Department 

SeciTtary  of  Street  Department 

City  Engineer 

Assistant  City  Engineer 

Stenographer  and  Clerk 

City  Electrician 

City  Forester 

Health  Officer 

Clerk 

Market  Master 

Assistant  Market  Master 

Chemist  and  Bacteriologist 

Plumbing  Inspector 

Superintendent  of  Cemetery 

Assistant  Superintendent  of  Cemetery 

Chief  of  Police * 

Captain  of  Police 

Clerk  of  Police  Department 

Chief  of  Fire  Department 

Assistant  Chief  Fire  Department 


C.  A.  McLain 

Frank  M.  Young 

B.  A.  Briggs 

J.  R.  Sitlington 

R.  P.  Van  Hook 

F.  F.  Mallon 

G.  E.  Austin 

Irene  M.  Price 

Charles  Reasoner 

F.  P.  McKown 

Omer  R.  Gillette,  M.  D.  . 

G.  G.  Avery 

. . . S.  L.  Caldwell,  M.  D. 

Henry  Testerman 

J.  E.  FuLLEt^ 

Thomas  J.  Jones 

J.  W.  Glackin 

John  Ryan 

S.  D.  Burno 

J-  H.  Stark 

Carl  F-  Matthews 

;P.  D.  McCartin 

M.  C.  Donahue 


Li 

I 

s 

s. 


BOARDS  AND  COMMISSIONS. 


CIVIL  SERVICE  COMMISSION. 


E.  D.  Marr,  President 

H.  Alexander  Smith 
R.  P.  Van  Hook,  Secretary. 


R.  C.  Wright 


PARK  COMMISSION. 

Horace  G.  Lunt,  President 
E.  J.  Ullrich 

D.  V.  Donaldson 

Irving  Howbert 

A.  G.  Sharp 

C.  B.  Seldom  RIDGE 

J.  B.  Lang,  Superintendent. 

R.  P.  Van  Hook,  Assistant  Secretary. 


TRUSTEES  PUBLIC  LIBRARY. 

Charles  L.  McKesson,  Mayor,  (Bx-OMcio) 

H.  G.  Lunt 

Mrs.  W.  H.  Spurgeon 

Miss  E.  T.  Brinley 

W.  P.  Kinney 

H.  W.  Hoagland 

H.  C.  Hall 

% 

Miss  Lucy  Baker,  Librarian, 


448004 


TABLE  OF  CONTENTS 


ORDINANCE  NO.  885.  To  Provide  for  the  Compilation  of  this 
Code. 


CONSTITUTION.  Of  the  State  of  Colorado,  Article  XX,  as 
Amended. 

CHARTER.  Of  the  City  of  Colorado  Springs,  and  Amendments 
Thereto. 


CHAPTER  L 

CHAPTER  II. 
CHAPTER  III. 
CHAPTER  IV. 

CHAPTER  V. 

CHAPTER  VL 
CHAPTER  VII. 
CHAPTER  VIII. 

CHAPTER  IX. 
CHAPTER  X. 

CHAPTER  XI. 
CHAPTER  XII. 
APPENDIX. 


THE  CODE. 

Of  the  City  Government;  Departments,  Com- 
missions, Officers,  and  General  Provisions. 

C)f  the  Department  of  Water  and  Water  Works. 

Of  the  Department  of  Finance. 

Department  of  Finance,  continued.  Of  Licenses, 
and  License  Regulations. 

Of  the  Department  of  Public  Safety,  Including 
the  Police  Department. 

Of  Public  Offenses,  and  Penalties. 

Of  the  Fire  Department. 

Of  the  Department  of  Public  Works  and  Prop- 
erty; Relating  to  Public  Works. 

Of  Public  Property,  Highways,  and  Utilities. 

Of  the  Department  of  Public  Health  and  Sani- 
tation. 

Of  Plumbing,  Sewers,  and  Drainage. 

Of  Foods,  Markets,  Weights  and  Measures. 

Comprising  Franchises;  Certain  Rights  of 
Way;  Contracts;  Abstracts  of  Ordinances 
Regarding  Vacating  Streets,  Etc. 


AN  ORDINANCE 

TO  PROVIDE  FOR  THE  COMPILATION,  PUBLICATION 
AND  DISTRIBUTION  OF  ARTICLE  20  OF  THE  CON- 
STITUTION OF  THE  STATE  OF  COLORADO,  AND 
THE  CITY  CHARTER  OF  THE  CITY  OF  COLORADO 
SPRINGS  AND  ALL  THE  GENERAL  ORDINANCES 
OF  SAID  CITY,  CLASSIFIED  UNDER  APPROPRIATE 
HEADS,  WITH  INDEXES,  IN  ONE  VOLUME. 


Be  It  Ordained  by  the  City  oe  Colorado  Springs: 

Section  i.  The  City  Clerk  and  the  City  Attorney  hereby  are 
authorized  and  directed  to  prepare  for  publication  in  book  form 
Article  20  of  the  Constitution  of  the  State  of  Colorado,  and  the 
Charter  of  the  City  of  Colorado  Springs,  and  to  revise,  compile,  edit 
and  prepare  for  publication  in  said  .book  all  the  general  ordinances 
of  the  City  in  force  at  the  time  of  the  completion  for  publication 
of  said  book,  together  with  a complete  index.  The  City  Clerk  shall 
prepare  a certificate  under  seal  to  the  effect  that  the  volume  contains 
all  the  general  ordinances  of  the  City  of  Colorado  Springs  in  force 
at  the  date  of  such  certificate,  the  City  Charter  in  full,  and  Article 
20  of  the  Constitution  of  the  State  of  Colorado,  that  he  has  carefully 
compared  the  Charter  and  ordinances  with  the  original  manuscripts 
on  file  in  his  office,  and  that  the  compilation  and  revision  is  complete, 
true  and  correct.  This  compilation  shall  be  knovv^n  as  “The  Code 
of  Colorado  Springs.” 

Section  2.  The  ordinances  shall  be  arranged  into  numbered 
chapters  and  articles;  classified  under  appropriate  heads,  col- 
lated and  so  arranged  by  sections  that  all  the  law  upon  any  sub- 
ject shall  be  appropriately  placed  under  the  proper  chapter.  Each 
numbered  section  of  the  ordinances  shall  have  the  number  falling 
to  it  in  the  compilation  by  beginning  with  number  “i”  for  the  first 
section  and  numbering  the  sections  consecutively  in  bold  faced  type 
throughout,  which  said  numbers  shall  be  the  general  Code  number; 
there  shall  follow  in  bold  faced  type  such  leading  textwords  of  each 
section,  as  the  revisers  shall  deem  useful,  and  the  number  of  the 
section  of  the  ordinance  as  originally  passed.  After  a bracket  at 
the  end  of  each  section  or  after  the  last  section  of  an  ordinance  pub- 
lished consecutively,  there  shall  be  given  the  file  number  of  the  ordi- 
nance and  the  date  of  its  passage,  amendment  or  adoption. 

Section  3.  When  the  work  herein  provided  for  is  completed 
and  the  City  Clerk  as  above  required  shall  certify  under  his  hand 
and  seal  of  the  City  of  Colorado  Springs  as  to  the  correctness  thereof 


by  comparison  with  the  orig-inal  manuscripts  on  file  in  his  office, 
the  Charter,  ordinances  and  other  matters  contained  in  said  volume 
so  certified  shall  be  prima  facie  evidence  of  the  originals  in  all  courts 
and  tribunals  of  this  State,  and  the  Charter  and  ordinances  and  other 
matters  contained  in  said  volume,  when  printed  as  herein  provided, 
shall  be  received  in  evidence  in  all  Courts,  or  other  places  without 
further  proof. 

Se:ction  4.  In  all  actions  for  the  recovery  of  any  fines  or  pen- 
alties incurred  for  a violation  o.f  any  provision  of  the  Charter  or  any 
ordinance  published  in  said  volume,  it  shall  be  sufficient  to  state  in 
the  complaint  or  affidavit  the  general  Code  number  in  said  volume 
of  the  section  of  the  Charter  or  of  the  ordinance  violated,  together 
with  the  year  of  the  compilation  of  said  volume,  without  stating 
anything  further  relating  to  the  nature  of  the  offense  charged. 

, Sr:cTiON  5.  All  ordinances  in  conflict  with  any  of  the  provisions 
of  this  ordinance  are  hereby  repealed,  and  all  laws  of  the  State  in 
conflict  with  any  of  the  provisions  of  this  ordinance  hereby  are 
superseded. 

Section  6.  This  ordinance  shall  be  published  as  required  by 
the  City  Charter  and  shall  take  effect  and  be  in  force  from  and  after 
ten  days  after  its  final  passage. 

. ’ Passed  December  ii,  1912. 


ARTICLE  XX  OF  THE  CONSTITUTION  OF  THE 
STATE  OF  COLORADO. 

Adopted  November  4,  1902;  Amended  November  5,  1912 


ARTICLE  XX. 

City  and  County  of  Dfnver. 

Incorporated. 

Section  i.  The  municipal  corporation  known  as  the  city  of 
Denver,  and  all  municipal  corporations  and  that  part  of  the  quasi- 
municipal corporation  known  as  the  county  of  Arapahoe,  in  the 
State  of  Colorado,  included  within  the  exterior  boundaries  of  the 
said  city  of  Denver  as  the  same  shall  be  bounded  when  this  amend- 
ment takes  effect,  are  hereby  consolidated  and  are  hereby  declared 
to  be  a single  body  politic  and  corporate,  by  the  name  of  the  ‘'City 
and  County  of  Denver.”  By  that  name  said  corporation  shall  have 
perpetual  succession,  and  shall  own,  possess  and  hold  all  property, 
real  and  personal,  theretofore  owned,  possessed  or  held  by  the  said 
city  of  Denver  and  by  such  included  municipal  corporations,  and 
also  all  property,  real  and  personal,  theretofore  owned,  possessed 
or  held  by  the  said  county  of  Arapahoe,  and  shall  assume,  manage 
and  dispose  of  all  trusts  in  any  way  connected  therewith ; shall  suc- 
ceed to  all  the  rights  and  liabilities,  and  shall  acquire  all  benefits,  and 
shall  assume  and  pay  all  bonds,  obligations  and  indebtedness  of  said 
city  of  Denver  and  of  said  included  municipal  corporations  and  of 
the  county  of  Arapahoe ; by  that  name  may  sue  and  defend,  plead  and 
be  impleaded,  in  all  courts  and  places,  and  in  all  matters  and  pro- 
ceedings ; may  have  and  use  a common  seal  and  alter  the  same  at 
pleasure;  may  purchase,  receive,  hold  and  enjoy,  or  sell  and  dispose 
of,  real  and  personal  property;  may  receive  bequests,  gifts  and 
donations  of  all  kinds  of  property,  in  fee  simple,  or  in  trust  for  public, 
charitable  or  other  purposes;  and  do  all  things  and  acts  necessary 
to  carry  out  the  purposes  of  such  gifts,  bequests  and  donations,  with 
power  to  manage,  sell,  lease  or  otherwise  dispose  of  the  same  in  ac- 
cordance with  the  terms  of  the  gift,  bequest  or  trust;  shall  have  the 
power,  within  or  without  its  territorial  limits,  to  construct,  con- 
demn and  purchase,  acquire,  lease,  add  to,  maintain,  conduct  and 
operate,  water  works,  light  plants,  power  plants,  transportation 
systems,  heating  plants,  and  any  other  public  utilities  or  works  or 
ways  local  in  use  and  extent,  in  whole  or  in  part,  and  everything 
required  therefor,  for  the  use  of  said  city  and  county  and  the  inhab- 
itants thereof,  and  any  such  systems,  plants  or  works  or  ways,  or  any 
contracts  in  relation  or  connection  with  either,  that  may  exist  and 
which  said  city  and  county  may  desire  to  purchase,  in  whole  or  in 
part,  the  same  or  any  part  thereof  may  be  purchased  by  said  city 
and  county  which  may  enforce  such  purchase  by  proceedings  at  law 

VII 


as  in  taking  land  for  public  use  by  right  of  eminent  domain,  and 
shall  have  the  power  to  issue  bonds  upon  the  vote  of  the  taxpaying 
electors,  at  any  special  or  general  election,  in  any  amount  necessary 
to  carry  out  any  of  said  powers  or  purposes,  as  may  by  the  charter 
be  provided. 

The  general  annexation  and  consolidation  statutes  of  the  state 
shall  apply  to  the  city  and  county  of  Denver  to  the  same  extent  and 
in  the  same  manner  that  they  would  apply  to  the  city  of  Denver 
if  it  were  not  merged,  as  in  this  amendment  provided,  into  the  city 
and  county  of  Denver.  Any  contiguous  town,  city  or  territory  here- 
after annexed  to  or  consolidated  with  the  city  and  county  of  Denver, 
under  any  of  the  laws  of  this  state,  in  whatsoever  county  the  same 
may  be  at  the  time,  shall  be  detached  per  se  from  such  other  county 
i nd  become  a municipal  and  territorial  part  of  the  city  and  county 
of  Denver,  together  with  all  property  thereunto  belonging. 

The  city  and  county  of  Denver  shall  alone  always  constitute  one 
judicial  district  of  the  state. 

Officers. 

Sec.  2.  The  officers  of  the  city  and  county  of  Denver  shall  be 
such  as  by  appointment  or  election  may  be  provided  for  by  the 
charter;  and  the  jurisdiction,  term  of  office,  duties  and  qualifications 
of  all  such  officers  shall  be  such  as  in  the  charter  may  be  provided; 
3ut  every  charter  shall  designate  the  officers  who  shall,  respectively, 
'perform  the  acts  and  duties  required  of  county  officers  to  be  done  by 
the  constitution  or  by  the  general  law,  as  far  as  applicable.  If  any 
officer  of  said  city  and  county  of  Denver  shall  receive  any  compensa- 
tion whatever,  he  or  she  shall  receive  the  same  as  .a  stated  salary, 
the  amount  of  which  shall  be  fixed  by  the  charter,  and  paid  out  of 
the  treasury  of  the  city  and  county  of  Denver  in  equal  monthly  pay- 
ments. 

Transfer  of  Government. 

Sec.  3.  Immediately  upon  the  canvass  of  the  vote  showing  the 
adoption  of  this  amendment,  it  shall  be  the  duty  of  the  governor  of 
the  state  to  issue  his  proclamation  accordingly,  and  thereupon  the 
city  of  Denver,  and  all  municipal  corporations  and  that  part  of  the 
county  of  Arapahoe  within  the  boundaries  of  said  city,  shall  merge 
into  the  city  and  county  of  Denver,  and  the  terms  of  office  of  ffil 
officers  of  the  city  of  Denver  and  of  all  included  municipalities  and 
of  the  county  of  Arapahoe  shall  terminate;  except,  that  the  then 
mayor,  auditor,  engineer,  council  (which  shall  perform  the  duties 
of  a board  of  county  commissioners),  police  magistrate,  chief  of 
police  and  boards,  of  the  city  of  Denver  shall  become,  respectively, 
said  officers  of  the  city  and  county  of  Denver,  and  said  engineer  shall 
be  ex  officio  surveyor  and  said  chief  of  police  shall  be  ex  officio  sheriff 
of  the  city  and  county  of  Denver;  and  the  then  clerk  and  ex  officio 


VIII 


recorder,  treasurer,  assessor  and  coroner  of  the  county  of  Arapahoe, 
and  the  justices  of  the  peace  and  constables  holding-  office  within  the 
city  of  Denver,  shall  become,  respectively,  said  officers  of. the  city 
and  county  of  Denver,  and  the  district  attorney  shall  also  be  ex  officio 
attorney  of  the  city  and  county  of  Denver.  The  foregoing  officers 
shall  hold  the  said  offices  as  above  specified  only  until  their  successors 
are  duly  elected  and  qualified  as  herein  provided  for ; except  that  the 
then  district  judges,  county  judge  and  district  attorney  shall  serve 
their  full  terms,  respectively,  for  which  elected.  The  police  and 
firemen  of  the  city  of  Denver,  except  the  chief  of  police  as  such,  shall 
continue  severally  as  the  police  and  firemen  of  the  city  and  county 
of  Denver  until  they  are  severally  discharged  under  such  civil  service 
regulations  as  shall  be  provided  by  the  charter;  and  every  charter 
shall  provide  that  the  department  of  fire  and  police  and  the  depart- 
ment of  public  utilities  and  works  shall  be  under  such  civil  service 
regulations  as  in  said  charter  shall  be  provided. 

First  Charter. 

Sec.  4.  The  charter  and  ordinances  of  the  city  of  Denver  as  the 
same  shall  exist  when  this  amendment  takes  effect,  shall,  for  the 
time  being  only,  and  as  far  as  applicable,  be  the  charter  and  ordi- 
nances of  the  city  and  county  of  Denver;  but  the  people  of  the  city 
and  county  of  Denver  are  hereby  vested  with  and  they  shall  always 
have  the  exclusive  power  in  the  making,  altering,  revising  or  amend- 
ing their  charter  and,  within  ten  days  after  the  proclamation  of  the 
governor  announcing  the  adoption  of  this  amendment  the  council  of 
the  city  and  county  of  Denver  shall,  by  ordinance,  call  a special 
election,  to  be  conducted  as  provided  by  law,  of  the  qualified  electors 
in  said  city  and  county  of  Denver,  for  the  election  of  twenty-one 
taxpayers  who  shall  have  been  qualified  electors  within  the  limits 
thereof  for  at  least  five  years,  who  constitute  a charter  convention  to 
frame  a charter  for  said  city  and  county  in  harmony  with  this  amend- 
ment. Immediately  upon  completion,  the  charter  so  framed,  with  a 
prefatory  synopsis,  shall  be  signed  by  the  officers  and  members  of  the 
convention  and  delivered  to  the  clerk  of  said  city  and  county  who 
shall  publish  the  same  in  full,  with  its  official  certification,  in  the 
official  newspaper  of  said  city  and  county,  three  times,  and  a week 
apart,  the  first  publication  being  with  the  call  for  a special  election, 
at  which  the  qualified  electors  of  said  city  and  county  shall  by  vote 
express  their  approval  or  rejection  of  the  said  charter.  If  the  said 
charter  shall  be  approved  by  a majority  of  those  voting  thereon,  then 
two  copies  thereof  (together  with  the  vote  for  and  against)  duly 
certified  by  the  said  clerk,  shall,  within  ten  days  after  such  vote  is 
taken,  be  filed  with  the  secretary  of  state,  and  shall  thereupon  be- 
come and  be  the  charter  of  the  city  and  county  of  Denver.  But  if 
the  said  charter  be  rejected,  then,  within  thirty  days  thereafter, 
twenty-one  members  of  a new  charter  convention  shall  be  elected 


IX 


at  a special  election  to  be  called  as  above  in  said  city  and  county, 
and  they  shall  proceed  as  above  to  frame  a charter,  which  shall  in 
like  manner  and  to  the  like  end  be  .published  and  submitted  to  a vote 
of  said  voters  for  their  approval  or  rejection.  If  again  rejected,  the 
procedure  herein  designated  shall  be  repeated  (each  special  election 
fot*  members  of  a new  charter  convention  being  within  thirty  days 
after  each  rejection)  until  a charter  is  finally  approved  by  a majority 
of  those  voting  thereon,  and  certified  (together  with  the  vote  for  and 
against)  to  the  secretary  of  state  as  aforesaid,  whereupon  it  shall 
become  the  charter  of  the  said  city  and  county  of  Denver  and  shall 
become  the  organic  law  thereof,  and  supersede  any  existing  charters 
and  amendments  thereof.  The  members  of  each  of  said  charter  con- 
ventions shall  be  elected  at  large ; and  they  shall  complete  their 
labors  within  sixty  days  after  their  respective  election. 

Every  ordinance  for  a special  election  of  charter  convention 
members  shall  fix  the  time  and  place  where  the  convention  shall  be 
held,  and  shall  specify  the  compensation,  if  any,  to  be  paid  the  officers 
and  members  thereof,  allowing  no  compensation  in  case  of  non- 
attendance  or  tardy  attendance,  and  shall  fix  the  time  when  the  vote 
shall  be  taken  on  the  proposed  charter,  to  be  not  less  than  thirty  days 
nor  more  than  sixty  days  after  its  delivery  to  the  clerk.  The  charter 
shall  make  proper  provision  for  continuing,  amending  or  repealing 
the  ordinances  of  the  city  and  county  of  Denver. 

All  expenses  of  charter  conventions  shall  be  paid  out  of  the 
treasury  upon  the  order  of  .the  president  and  secretary  thereof.  The 
expenses  of  elections  for  charter  conventions  and  of  charter  votes 
shall  be  paid  out  of  the  treasury  upon  the  order  of  the  council. 

No  franchise  relating  to  any  street,  alley  or  public  place  of  the 
said  city  and  county  shall  be  granted  except  upon  the  vote  of  the  qual- 
ified taxpaying  electors,  and  the  question  of  its  being  granted  shall  be 
submitted  to  such  vote  upon  deposit  with  the  treasurer  of  the  expense 
(to  be  determined  by  said  treasurer)  of  such  submission  by  the 
applicant  for  said  franchise.  The  council  shall  have  power  to  fix 
the  rate  of  taxation  on  property  each  year  for  city  and  county  pur- 
poses. 

New  Charters,  Amendments  or  Measures.  ^ 

Sec.  5.  The  citizens  of  the  city  and  county  of  Denver  shall  have 
the  exclusive  power  to  amend  their  charter  or  to  adopt  a new  charter, 
or  to  adopt  any  measure  as  herein  provided. 

It  shall  be  competent  for  qualified  electors  in  number  not  less 
than  five  per  cent,  of  the  next  preceding  gubernatorial  vote  in  said 
city  and  county  to  petition  the  council  for  any  measure,  or  charter 
amendment,  or  for  a charter  convention.  The  council  shall  submit 
the  same  to  a vote  of  the  qualified  electors  at  the  next  general  elec- 
tion not  held  within  thirty  days  after  such  petition  is  filed ; whenever 

X 


such  petition  is  signed  by  qualified  electors  in  number  not  less  than 
ten  per  cent,  of  the  next  preceding  gubernatorial  vote  in  said  city 
and  county,  with  a request  for  a special  election,  the  council  shall 
submit  it  at  a special  election  to  l)e  held  not  less  than  thirty  nor  more 
than  sixty  days  from  the  date  of  filing  the  petition;  Provided,  That 
any  question  so  submitted  at  a special  election  shall  not  again  l)e 
submitted  at  a special  election  within  two  years  thereafter.  In  sub- 
mitting any  such  charter,  charter  amendment  or  measure,  any 
alternative  article  or  proposition  may  be  presented  for  the  choice  of 
the  voters,  and  may  be  voted  on  separately  without  prejudice  to 
others.  Whenever  the  question  of  a charter  convention  is  carried 
by  a majority  of  those  voting  thereon,  a charter  convention  shall  be 
called  through  a special  election  ordinance  as  provided  in  section 
four  (4)  hereof,  and  the  s^me  shall  be  constituted  and  held  and  the 
proposed  charter  submitted  to  a vote  of  the  qualified  electors,  ap- 
proved or  rejected,  and  all  expenses  paid,  as  in  said  section  provided. 

The  clerk  of  the  city  and  county  shall  publish,  with  his  official 
certification,  for  three  times,  a week  apart,  in  the  official  newspaper, 
the  first  publication  to  be* with  his  call  for  the  election,  general  or 
special,  the  full  text  of  any  charter,  charter  amendment,  measure  or 
proposal  for  a charter  convention,  or  alternative  article  or  proposi- 
tion, which  is  to  be  submitted  to  the  voters.  Within  ten  days  fol- 
lowing the  vote  the  said  clerk  shall  publish  once  in  said  newspaper 
the  full  text  of  any  charter,  charter  amendment,  measure,  or  pro- 
posal for  a charter  convention,  or  alternative  article  or  proposition, 
which  shall  have  been  approved  by  a majority  of  those  voting  there- 
on, and  he  shall  file  with  the  secretary  of  state  two  copies  thereof 
(with  the  vote  for  and  against)  officially  certified  by  him,  and  the 
same,  shall  go  into  effect  from  the  date  of  such  filing.  He  shall  also 
certify  to  the  secretary  of  state,  with  the  vote  for  and  against,  two 
copies  of  every  defeated  alternative  article  or  proposition,  charter, 
charter  amendment,  measure  or  proposal  for  a charter  convention. 
Each  charter  shall  also  provide  for  a reference  upon  proper  petition 
therefor,  of  measures  passed  by  the  council  to  a vote  of  the  qualified 
electors,  and  for  the  initiative  by  the  qualified  electors  of  such  ordi- 
nances as  they  may  by  petition  request. 

The  signatures  to  petitions  in  this  amendment  mentioned  need 
not  all  be  on  one  paper.  Nothing  herein  or  elsewhere  shall  prevent 
the  council,  if  it  sees  fit,  from  adopting  automatic  vote  registers  for 
use  at  all  elections  and  references. 

No  charter,  charter  amendment  or  measure  adopted  or  defeated 
under  the  provisions  of  this  amendment  shall  be  amended,  repealed 
or  revised,  • except  by  petition  and  electoral  vote.  And  no  such 
charter,  charter  amendment,  or  measure  shall  diminish  the  tax  rate 
for  state  purposes  fixed  by  act  of  the  general  assembly,  or  inter- 
fere in  any  wise  with  the  collection  of  state  taxes. 

XI 


Se:c.  6.  The  people  of  each  city  or  town  in  this  State,  having 
a population  of  two  thousand  inhabitants  as  determined  by  the  last 
preceding  census  taken  under  the  authority  of  the  United  States,  the 
State  of  Colorado  or  said  city  or  town,  are  hereby  vested  with,  and 
they  shall  always  have,  power  to  make,  amend,  add  to  or  replace  the 
charter  of  said  city  or  town,  which  shall  be  its  organic  law  and 
extend  to  all  its  local  and  municipal  matters. 

Such  charter  and  the  ordinances  made  pursuant  thereto  in  such 
matters  shall  supersede  within  the  territorial  limits  and  other  juris- 
diction of  said  city  or  town  any  law  of  the  State  in  conflict  therewith. 

Proposals  for  charter  conventions  shall  be  submitted  by  the  city 
council  or  board  of  trustees,  or  other  body  in  which  the  legislative 
powers  of  the  city  or  town  shall  then  be  vested,  at  special  elections, 
or  at  general  state  or  municipal  elections,  upon  petitions  filed  by  qual- 
ified electors,  all  in  reasonable  conformity  with  Section  5 of  this 
article,  and  all  proceedings  thereon  or  thereafter  shall  be  in  reason- 
able conformity  with  Sections  4 and  5 of  this  article. 

From  and  after  the  certifying  to  and  filing  with  the  Secretary  of 
State  of  a charter  framed  and  approved  in  reasonable  conformity 
with  the  provisions  of  this  article,  such  city  or  town,  and  the  citizens 
thereof,  shall  have  the  powers  set  out  in  Sections  i,  4 and  5 of  this 
article,  and  all  other  powers  necessary,  requisite  or  proper  for  the 
government  and  administration  of  its  local  and  municipal  matters, 
including  power  to  legislate  upon,  provide,  regulate,  conduct  and 
control : 

a.  The  creation  and  terms  of  municipal  offices,  agencies  and 
employments ; the  definition,  regulation  and  alteration  of  the  powers, 
duties,  qualifications  and  terms  or  tenure  of  all  municipal  officers, 
agents  and  employes; 

b.  The  creation  of  police  courts,  the  definition  and  regulation 
of  the  jurisdiction,  powers  and  duties  thereof,  and  the  election  or 
appointment  of  police  magistrates  therefor; 

c.  The  creation  of  municipal  courts ; the  definition  and  regula- 

tion of  the  jurisdiction,  powers  and  duties  thereof,  and  the  election 
or  appointment  of  the  officers  thereof ; '' 

d.  All  matters  pertaining  to  municipal  elections  in  such  city  or 
town,  and  to  electoral  votes  therein  on  measures  submitted  under 
the  charter  or  ordinances  thereof,  including  the  calling  or  notice 
and  the  date  of  such  election  or  vote,  the  registration  of  voters,  nom- 
inations, nomination  and  election  systems,  judges  and  clerks  of 
election,  the  form  of  ballots,  balloting,  challenging,  canvassing,  cer- 
tifying the  result,  securing  the  purity  of  elections,  guarding  against 
abuses  of  the  elective  franchise,  and  tending  to  make  such  elections 
or  electoral  votes  non-partisan  in  character; 

XII 


e.  The  issuance,  refunding  and  liquidation  of  all  kinds  of  munic- 
ipal obligations,  including  bonds  and  other  obligations  of  park,  water 
and  local  improvement  districts ; 

f.  The  consolidation  and  management  of  park  or  water  districts 
in  such  cities  or  towns  or  within  the  jurisdiction  thereof ; but  no 
such  consolidation  shall  be  effective  until  approved  by  the  vote  of  a 
majority,  in  each  district  to  be  consolidated,  of  the  qualified  electors 
voting  therein  upon  the  question; 

g.  The  assessment  of  property  in  such  city  or  town  for  munic- 
ipal taxation  and  the  levy  and  collection  of  taxes  thereon  for  munici- 
pal purposes  and  special  assessments  for  local  improvements;  such 
assessment,  levy  and  collection  of  taxes  and  special  assessments  to 
be  made  by  municipal  officials  or  by  the  county  or  state  officials  as 
may  be  provided  by  the  charter; 

h.  The  imposition,  enforcement  and  collection  of  fines  and  pen- 
alties for  the  violation  of  any  of  the  provisions  of  the  charter,  or  of 
any  ordinance  adopted  in  pursuance  of  the  charter. 

It  is  the  intention  of  this  article  to  grant  and  confirm  to  the 
people  of  all  municipalities  coming  within  its  provisions  the  full 
right  of  self-government  in  both  local  and  municipal  matters  and  the 
enumeration  herein  of  certain  powers  shall  not  be  construed  to  deny 
to  such  cities  and  towns,  and  to  the  people  thereof,  any  right  or 
power  essential  or  proper  to  the  full  exercise  of  such  right. 

The  statutes  of  the  State  of  Colorado,  so  far  as  applicable,  shall 
continue  to  apply  to  such  cities  and  towns,  except  in  so  far  as  super- 
seded by  the  charters  of  such  cities  and  towns  or  by  ordinance  passed 
pursuant  to  such  charters. 

All  provisions  of  the  charters  of  the  City  and  County  of  Denver 
and  the  cities  of  Pueblo,  Colorado  Springs  and  Grand  Junction  as 
heretofore  certified  to  and  filed  with  the  Secretary  of  State,  and  of 
the  charter  of  any  other  city  heretofore  approved  by  a majority  of 
those  voting  thereon  and  certified  to  and  filed  with  the  Secretary  of 
State,  which  provisions  are  not  in  conflict  with  this  article,  and  all 
elections  and  electoral  votes  heretofore  had  under  and  pursuant 
thereto,  are  hereby  ratified,  affirmed  and  validated  as  of  their  date. 

Any  act  in  violation  of  the  provisions  of  such  charter  or  of  any 
ordinance  thereunder  shall  be  criminal  and  punishable  as  such  when 
so  provided  by  any  statute  now  or  hereafter  in  force. 

The  provisions  of  this  Section  6 shall  apply  to  the  City  and 
County  of  Denver. 

This  article  shall  be  in  all  respects  self-executing. 

[Adopted  at  election  on  November  5,  1912.  Vote  for  49,596, 
against  44,778.  In  force  by  proclamation  of  Governor,  January  23, 

1913] 


XIII 


School  Districts  Consolidated. 

Sec.  7.  The  city  and  county  of  Denver  shall*  alone  always  con- 
stitute one  school  district,  to  be  known  as  District  No.  i,  but  its  con- 
duct, affairs  and  business  shall  be  in  the  hands  of  a board  of  educa- 
tion consisting  of  such  numbers,  elected  in  such  manner  as  the  gen- 
eral school  laws  of  the  state  shall  provide,  and  until  the  first  election 
under  said  laws  of  a full  board  of  education  which  shall  be  had  at  the 
first  election  held  after  the  adoption  of  this  amendment,  all  the 
directors 'Of  school  district  No.  i,  and  the  respective  presidents  of  the 
school  boards  of  school  districts  Nos.  2,  7,  17,  and  21,  at  the  time 
this  amendment  takes  effect,  shall  act  as  such  board  of  education,  and 
all  districts  or  special  charters  now  existing  are  hereby  abolished. 

The  said  board  of  education  shall  perform  all  the  acts  and  duties 
required  to  be  performed  for  said  district  by  the  general  laws  of  the 
state.  Except  as  inconsistent  with  this  amendment,  the  general 
school  laws  of  the  state  shall,  unless  the  context  evinces  a contrary 
intent,  be  held  to  extend  and  apply  to  the  said  '‘District  No.  i.” 

Upon  the  annexation  of  any  contiguous  municipality  which  shall 
include  a school  district  or  districts  or  any  part  of  a district,  said 
school  district  or  districts  or  part  shall  be  merged  in  said  "District 
No.  I,’’  which  shall  then  own  all  the  property  thereof,  real  and  per- 
sonal, located  within  the  boundaries  of  such  annexed  municipality, 
and  shall  assume  and  pay  all  the  bonds,  obligations  and  indebtedness 
of  each  of  the  said  included  school  districts,  and  a proper  proportion 
of  those  of  partially  included  districts; 

Proznded,  however,  That  the  indebtedness,  both  principal  and 
interest,  which  any  school  district  may  be  under  at  the  time  when 
it  becomes  a part,  by  this  amendment  or  by  annexation,  of  said 
“District  No.  i,”  shall  be  paid  by  said  school  district  so  owing  the 
same  by  a special  tax  to  be  fixed  and  certified  by  the  board  of  educa- 
tion to  the  council  which  shall  levy  the  same  upon  the  property  within 
the  boundaries  of  such  district,  respectively,  as  the  same  existed  at 
the  time  such  district  becomes  a part  of  said  "District  No.  i,”  and 
in  case  of  partically  included  districts,  such  tax  shall  be  equitably 
apportioned  upon  the  several  parts  thereof. 

Sec.  8.  Anything  in  the  constitution  of  this  state  in  conflipt  or 
inconsistent  with  the  provisions  of  this  amendment  is  hereby  declared 
to  be  inapplicable  to  the  matters  and  things  by  this  amendment 
covered  and  provided  for. 


XIV 


ORDER  OF  COUNTY  COMMISSIONERS 

Incorporating  the  Town  of  Colorado  Springs 


Special  Meeting  of  the  Board  of  County  Commissioners. 

Ci^erk's  Or'FicE, 

Colorado  City,  September  2,  1872. 

Full  board  in  attendance. 

Commissioner  France  presented  a petition  signed  by  two-thirds 
of  the  citizens  of  Colorado  Springs,  asking  that  the  town  of  Colorado 
Springs  be  incorporated  under  the  statute  in  such  case  made  and 
provided ; therefore,  on  motion,  it  was 

CFdered,  That  the  town  of  Colorado  Springs  be,  and  hereby  is, 
declared  duly  incorporated  under  the  laws  of  the  Territory  of  Colo- 
rado, and  that  said  incorporated  town  shall  include  all  the  lots  and 
lands  within  the  following  described  boundaries,  to-wit : Commenc- 
ing at  the  center  of  section  five  (5),  township  fourteen  (14),  range 
sixty-six  (66),  and  running  thence  westerly  to  the  center  of  section 
one  (i),  township  fourteen  (14),  range  sixty-seven  (67)  west; 
thence  southerly  to  the  center  of  section  twenty-four  (24),  township 
fourteen  (14),  range  sixty-seven '(67)  west;  thence  easterly  to  the 
center  of  section  twenty  (20),  township  fourteen  (14),  range  sixty- 
six  (66)  west;  thence  northerly  to  the  place  of  beginning;  and  the 
following  named  persons,  viz:  R.  A.  Cameron,  William  B.  Young, 
Edward  Copley,  Matt.  France  and  John  Potter,  are  hereby  appointed 
trustees  to  manage  the  af¥airs  of  said  town  until  an  election  be  held 
as  provided  by  law. 


TERRITORY  OE  COLORADO, 

County  of  El  Paso. 

I,  Irving  Howbert,  county  clerk  within  and  for  said  county,  do 
hereby  certify  that  the  foregoing  is  a true  and  correct  copy  of  the 
order  made  by  the  board  of  county  commissioners  in  incorporating 
the  town  of  Colorado  Springs,  according  to  the  records  on  file  in  my 
office. 

Witness  my  hand  and  official  seal,  this  29th  day  of  November, 
A.  D.  1873. 

IRVING  HOWBERT, 

(Seal.)  County  Clerk. 


D.  McSHANE,  Chairman. 
IRATNG  HOWBERT,  Clerk. 


XV 


citV  organization. 

On  the  1 6th  day  of  March,  1876,  a meeting  of  the  board  of  trus- 
tees of  the  town  of  Colorado  Springs,  was  held  to  consider  the 
question  of  assuming  a city  organization.  All  the  members  of  the 
board  were  present,  viz:  Henry  McAllister,  Jr.,  president  of  the 

board;  G.  H.  Stewart,  Lewis  Whipple,  C.  H.  White,  G.  S.  Barnes, 
N.  Hodgman  and  H.  A.  True.  It  was  shown  that  a census  had  just 
been  completed  and  the  population  of  the  town  found  to  be  three 
thousand  one  hundred  and  three,  more  than  enough  to  entitle  the 
town  to  a city  organization. 

Whereupon,  G.  H.  Stewart  offered  a resolution  which  was 
adopted  by  a unanimous  vote  that  the  town  of  Colorado  Springs 
assume  a city  organization  under  the  corporate  name  of  The  City  of 
Colorado  Springs. 

REORGANIZATION. 

On  the  4th  day  of  March,  1878,  a special  election  was  held  in 
the  City  of  Colorado  Springs  to  determine  whether  the  city  should 
abandon  its  organization  and  reorganize  under  the  general  law  for 
municipal  organization. 

The  question  was  decided  in  the  affirmative  by  a majority  of  142 
of  the  whole  number  of  votes  cast. 


XVI 


THE  CHARTER 


OF 

THE  CITY  OF  COLORADO  SPRINGS 


FRAMED  BY  THE  CHARTER  CONVENTION. 

BY  AUTHORITY  OF  ARTICLE  XX  OF  THE  CONSTITUTION 


ADOPTED  MAY  ii,  1909 


OFFICERS  AND  MEMBERS 

OF 

THE  CHARTER  CONVENTION 

OF 

THE  CITY  OF  COLORADO  SPRINGS 


OFFICERS  AND  EMPLOYES 


President  . . . . 

. Harry  H.  Seldomridge 

Vice-President 

. James  J.  Eubank 

Secretary^  . . . . 

Edward  C.  Sharer 

Assistant  Secretary)  . 

. George  M.  Irwin 

Stenographer  . . . . 

Mary  L.  Richardson 

William  M.  Banning 

MEMBERS 

John  M.  Harnan 

Jacob  Bishoff 

Henry  W.  Hoagland 

Willard  N.  Burgess 

P.  M.  Kistler 

Frank  F.  Castello 

Horace  G.  Lunt 

William  J.  Chinn 

Thomas  F.  McCaffery  ' 

James  J.  Eubank 

Myer  S.  Rafield 

Thomas  J.  Fisher 

Harry  H.  Seldomridge 

Joseph  B.  Fowler 

Edward  C.  Sharer 

Moses  C.  Gile 

William  H.  Spurgeon 

Oliver  P.  Grimes 

Edgar  J.  Ullrich 

Henry  C.  Hall 

PREFATORY  SYNOPSIS 


The  Charter  Convention,  elected  on  January  19,  1909,  submitted 
to  the  voters  for  approval,  a draft  of  the  Charter  for  the  City  of  , 
Colorado  Springs,  which  was  adopted  at  an  election  held  May  ii, 
1909. 

The  Charter  provides  that  the  legislative,  executive  and  judicial 
powers  of  the  City  shall  extend  to  all  matters  of  local  and  municipal 
government.  The  City  is  granted  all  the  powers,  privileges  and 
functions  which  are  granted  by  the  constitution  or  laws  of  this  State 
to  any  city  of  the  first  class.  The  powers  of  the  City  are  vested  in 
the  elective  officers,  the  Mayor  and  four  Councilmen,  elected  at  large 
for  four  year  terms  and  subject  to  recall.* 

The  legislative  powers  of  the  City  are  vested  in  the  Council, 
except  as  reserved  to  the  people  by  the  provisions  as  to  initiative 
and  referendum. 

The  executive  and  administrative  power,  authority  and  duty  of 
the  City  are  distributed  among  five  departments : 

Department  of  Water  and  Water  Works, 

Department  of  Finance, 

Department  of  Public  Safety, 

Department  of  Public  Works  and  Property, 

Department  of  Public  Health  and  Sanitation. 

The  Mayor  is  named  as  the  Commissioner  of  Water  and  Water 
Works.  The  Council  designates  by  majority  vote  one  Councilman 
to  be  Commissioner  of  each  of  the  other  departments. 

The  Mayor  is  made  the  chief  executive  officer  of  the  City  and 
upon  the  recommendation  of  the  Commissioner  of  the  appropriate  de- 
partment, appoints  the  heads  of  such  department  and  all  other  em- 
ployes in  the  service  of  the  City.  He  is  allowed  to  suspend  or  remove 
any  officer  or  employe  when,  in  his  judgment,  the  public  interests 
demand. 

The  Charter  seeks  to  preserve  every  valuable  feature  of  the 
laws  of  the  State  of  Colorado,  and  has  only  introduced  such  new 
methods  or  machinery  as  after  careful  consideration  were  deemed 
advisable  and  necessary  in  the  assumption  of  home  rule. 

A complete,  non-partisan  system  for  the  election  of  municipal 
officers  has  been  provided. 

Adequate  provision  for  Civil  Service  has  been  made. 


3 


Special  attention  is  called  to  the  provisions  made  for  the  admin- 
istration of  the  Water  Department,  and  the  refunding  of  outstanding 
water  bonds. 


The  rights  of  the  City  are  carefully  guarded  in  the  matter  of 
public  franchises  and  utilities.  The  Charter  retains  in  the  people 
the  right  to  control  public  utilities,  and  requires  that  provision  shall 
be  made  in  every  franchise  hereafter  granted  permitting  the  City  to 
purchase  at  a fair  valuation  such  public  utilities  whenever  the  peo- 
ple shall  deem  it  best  so  to  do  and  vote  in  favor  thereof. 


The  contents  are  arranged  as  follows : 


Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 


I.  N ame,  Boundaries,  Powers,  Rights  and  Liabilities. 

II.  Elective  Officers. 

III.  The  Council. 

IV.  The  Mayor. 

V.  Executive  and  Administrative  Departments. 

VI.  Department  of  Water  and  Water  Works. 

VII.  Department  of  Finance. 

VIII.  Department  of  Public  Safety. 

IX.  Department  of  Public  Works  and  Property. 

X.  ' Department  of  Public  Health  and  Sanitation. 

XL  Commissions  and  Boards. 

XII.  Franchises  and  Public  Utilities. 

XIII.  Elections. 

XIV.  Recall  of  Elective  Officers. 

XV.  The  Initiative. 

XVI.  The  Referendum. 

XVII.  Officers,  Employes  and  Salaries. 

XVIII.  Civil  Service. 

XIX.  General  Provisions. 


4 


THE  CHARTER  OF  THE  CITY  OF  COLORADO  SPRINGS 


PREAMBLE. 

We,  the  people  of  the  City  Of  Colorado  Springs,  under  the 
authority  of  the  Constitution  of  the  State  of  Colorado,  do  ordain  and 
establish  this  Charter  for  the  City  of  Colorado  Springs. 

ARTICLE  /. 

NAME,  BOUNDARIES,  POWERS,  RIGHTS  AND' 
LIABILITIES. 

1.  Name — Boundaries. — The  municipal  corporation  now  existing 
and  known  as  the  ‘‘City  of  Colorado  Springs,”  shall  remain  and  con- 
tinue to  be  a body  politic  and  corporate  under  the  same  name  and 
with  the  same  boundaries,  with  power  and  authority  to  change  its 
boundaries  in  manner  authorized  by  law. 

2.  Powers — Rights — Liabilities. — (a)  By  the  name  of  the  “City 
of  Colorado  Springs,”  the  City  shall  have  perpetual  succession,  and 
shall  own,  possess  and  hold  all  property,  real  and  personal,  thereto- 
fore owned,  possessed  or  held  by  the  said  City  of  Colorado  Springs, 
and  shall  assume,  manage  and  dispose  of  all  trusts  in  any  way  con- 
nected therewith; 

(b)  Shall  succeed  to  all  the  rights  and  liabilities,  and  shall  ac- 
quire all  benefits,  and  shall  assume  and  pay  all  bonds,  obligations  and 
indebtedness  of  said  City  of  Colorado  Springs;  by  that  name  may 
sue  and  defend,  plead  and  be  impleaded,  in  all  courts  and  places, 
and  in  all  matters  and  proceedings;  may  have  and  use  a common 
seal  and  alter  the  same  at  pleasure;  may  purchase,  receive,  hold  and 
enjoy,  or  sell  and  dispose  of,  real  and  personal  property; 

(c)  May  receive  bequests,  gifts  and  donations  of  all  kinds  of 
property,  in  fee  simple,  or  in  trust  for  public,  charitable  or  other  pur- 
poses ; and  do  all  things  and  acts  necessary  to  carry  out  the  purpose 
of  such  gifts,  bequests  and  donations,  with  power  to  manage,  sell, 
lease  or  otherwise  dispose  of  the  same  in  accordance  with  the  terms 
of  the  gift,  bequest  or  donation ; 

(d)  Shall  have  the  power,  within  or  without  its  territorial  limits, 
to  construct,  condemn  and  purchase,  purchase,  acquire,  lease,  add  to, 
maintain,  conduct  and  operate,  waterworks,  light  plants,  power 
plants,  transportation  systems,  heating  plants,  and  any  other  public 
utilities  or  works  or  ways  local  in  use  and  extent,  in  whole  or  in  part, 
and  everything  required  therefor,  for  the  use  of  said  City  and  the 
inhabitants  thereof,  and  any  such  systems,  plants  or  works  or  ways, 
or  any  contracts  in  relation  or  connection  therewith,  that  may  exist 
and  which  said  City  may  desire  to  purchase,  in  whole  or  in  part,  the 

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same  or  any  part  thereof  may  be  purchased  by  said  City  which  may 
enforce  such  purchase  by  proceedings  at  law  as  in  taking  land  for 
public  use  by  right  of  eminent  domain,  and  shall  have  the  power  to 
issue  bonds,  upon  the  vote  of  the  taxpaying  electors,  at  any  special 
or  general  election,  in  any  amount  necessary  to  carry  out  any  of 
said  powers  or  purposes; 

{e)  Tlie  legislative,  executive  and  judicial  powers  of  the  City 
shall  extend  to  all  matters  of  local  and  municipal  government,  it  being 
the  intent  hereof  that  the  specifications  of  particular  powers  by  any 
other  provision  of  this  Charter,  shall  never  be  construed  as  impair- 
ing the  effect  of  the  general  grant  of  powers  of  local  government 
hereby  bestowed ; 

(/)  The  City  shall  also  have  all  powers,  privileges  and  functions 
which,  by  or  pursuant  to  the  Constitution  of  this  State,  have  been  or 
could  be  granted  to  or  exercised  by  any  City  of  the  first  class ; 

(g)  All  powers  of  the  City  shall,  except  as  otherwise  provided 
in  this  Charter,  be  vested  in  the  elective  officers,  subject  to  distribu- 
tion and  delegation  of  such  powers  as  provided  in  this  Charter  or  by 
ordinance. 


ARTICLE  II. 

ELECTIVE  OFFICERS. 

3.  Officers — Terms. — The  elective  officers  of  the  City  shall  be  a 
Mayor  and  four  Councilmen,  each  of  whom  shall  be  elected  at  large 
by  the  qualified  electors  of  the  City.  The  term  of  all  elective  officers, 
except  as  otherwise  provided  herein,  shall  commence  at  10  o’clock  a. 
m.  on  the  first  secular  day  of  May  following  their  election,  and,  except 
as  otherwise  provided  herein,  shall  be  for  four  years  and  until  their 
successors  are  elected  and  qualified;  provided,  how-ever,  that  of  the 
four  Councilmen  first  elected  under  this  Charter,  the  term  of  the  two 
receiving  the  highest  number  of  votes  shall  be  for  four  years,  and  the 
term  of  the  other  two  shall  be  for  two  years ; and  provided  further, 
that  the  terms  of  the  elective  officers  first  elected  under  this  Charter 
shall  commence  at  10  o’clock  a.  m.  on  the  third  Tuesday  following 
the  first  general  municipal  election  held  under  this  Charter  and  shall 
end  at  10  o’clock  a.  m.  of  the  first  secular  day  of  May  following  the 
election  of  their  successors. 

4.  Qualifications. — No  person  shall  be  eligible  to  the  office  of 
Mayor  or  Councilman  unless  he  be  a citizen  of  the  United  States,  at 
least  twenty-five  years  of  age,  and  shall  have  been  for  five  years  im- 
mediately preceding  such  election  a citizen  of  the  City  of  Colorado 
Springs,  and  for  two  years  immediately  preceding  his  election  shall 
have  paid  City  taxes. 

5.  Vacancy. — If  a vacancy  occur  in  the  office  of  Mayor  or  Coun- 
cilman, the  Council  shall  appoint  an  eligible  person  to  fill  such  va- 
cancy until  the  next  general  municipal  election,  subject  to  the  pro- 
visions of  Article  XIV.  Any  vacancy  shall  be  then  filled  by  election 
for  the  unexpired  term. 


6 


Vacancy  shall  exist  when  an  elective  officer  fails  to  qualify  for 
ten  days  after  notice  of  his  election,  dies,  resigns,  is  removed  from 
office,  removes  from  the  City,  absents  himself  continuously  therefrom 
• for  more  than  six  months,  is  convicted  of  a felony  or  judicially  de- 
clared a lunatic  as  defined  by  statute. 

6.  Removal. — In  case  of  misconduct,  inability  or  willful  neglect 
in  the  performance  of  the  duties  of  his  office,  the  Mayor  or  any 
Councilman  may  be  removed  from  office  by  the  Council  by  a vote  of 
four  members,  but  he  shall  be  given  an  opportunity  to  be  heard  in 
his  defense,  and  shall  have  the  right  to  appear  by  counsel  and  to  have 
process  issue  to  compel  the  attendance  of  witnesses  who  shall  be  re- 
quired to  give  testimony  if  he  so  elects.  In  such  case  the  hearing 
shall  be  public  and  a full  and,  complete  statement  of  the  reasons  for 
such  removal,  if  he  be  removed,  together  with  the  findings  of  fact  as 
made  by  the  Council,  shall  be  filed  by  the  Council  with  the  Clerk,  and 
shall  be  and  become  a matter  of  public  record. 

ARTICLE  III. 

THE  COUNCIL. 

7.  Legislative  Powers. — All  legislative  powers  of  the  City  shall, 
except  as  otherwise  provided  by  this  Charter,  be  vested  exclusively 
in  a Council,  which  shall  consist  of  the  Mayor  and  four  Councilmen. 

8.  President  and  Vice-President  of  Council. — The  Mayor  shall 
be  President  of  the  Council,  and,  when  present,  shall  preside  at  all 
meetings.  The  Council  shall  elect  one  of  its  number  to  be  Vice- 
President,  who,  during  the  absence  or  disability  of  the  Mayor,  or 
while  any  vacancy  exists  in  the  office  of  the  Mayor,  shall  possess  all 
of  the  powers  and  perform  all  of  the  duties  of  the  Mayor,  except  that 
he  shall  not  have  any  power  of  removal. 

9.  Judge  of  Their  Elections. — The  Council  shall  be  the  judge  of 
the  election  and  qualification  of  its  own  members,  subject  to  review 
by  the  courts,  in  case  of  contest. 

10.  Restrictions  Upon  Members  of  the  Council. — No  member  of 
the  Council  shall  hold  any  other  public  office  or  employment,  com- 
pensation for  which  is  paid  out  of  municipal  moneys.  No  person 
shall  be  elected  or  appointed  to  any  office,  position  or  employment, 
the  compensation  which  was  increased  or  fixed  by  the  Council 
while  he  was  a member  thereof,  until  after  the  expiration  of  one 
year  from  the  date  when  he  ceased  to  be  a mmber  of  the  Council. 

11.  Rides  of  the  Council. — The  Council  shall  determine  its  own 
rules  of  procedure,  may  punish  its  members  for  disorderly  conduct, 
and  may  compel  the  attendance  of  members. 

12.  Meetings  of  the  Council. — The  Council  shall  prescribe  the 
time  and  place  of  its  meetings,  and  the  manner  in  which  special 
meetings  thereof  may  be  called. 


7 


The  City  Clerk  shall  be  the  Clerk  of  the  Council,  and  shall,  with 
the  Mayor,  sign  and  attest  all  ordinances  and  resolutions. 

A majority  of  the  members  of  the  Council  shall  constitute  a 
quorum  to  do  business,  but  a less  number  can  adjourn.  The  Council 
shall  sit  with  open  doors  at  all  legislative  sessions,  and  shall  keep  a 
journal  of  its  proceedings,  which  shall  be  a public  record. 

13.  Ordinances  and  Resolutions. — (a)  At  legislative  sessions  the 
Council  shall  act  only  by  ordinance,  resolution  or  motion. 

{h)  The  ayes  and  noes  shall  be  taken  upon  the  passage  of  all 
ordinances  and  resolutions  and  entered  upon  the  journal  of  its  pro- 
ceedings. Upon  the  request  of  any  member,  the  ayes  and  noes 
shall  be  taken  and  recorded  upon  any  motion.  Every  member  when 
present  must  vote,  and  every  ordinance  shall  require  on  final  passage, 
the  affirmative  vote  of  three  members. 

(c)  No  ordinance  shall  be  passed  finally  on  the  date  it  is  intro- 
duced, except  in  the  case  of  public  emergency,  and  then  only  when 
requested  by  the  Mayor  in  writing.  No  ordinance  making  a grant 
of  any  franchise  or  special  privilege  shall  ever  be  passed  as  an  emer- 
gency measure. 

{d)  The  enacting  clause  of  all  ordinances  passed  by  the  Council 
shall  be  in  these  words : ‘‘Be  it  Ordained  by  the  City  Council  of  the 
City  of  Colorado  Springs 

{e)  Every  ordinance  shall  be  published  once  in  full  in  a daily 
newspaper  of  the  City  at  least  ten  days  before  its  final  passage. 

14.  Publication  of  Ordinance  Adopted. — Every  ordinance 
adopted  shall  be  published  once  in  a daily  newspaper  of  the  City  and 
shall  not  take  effect  until  five  days  after  such  publication,  except 
emergency  ordinances  passed  as  provided  in  this  Article,  which  shall 
take  effect  upon  passage  and  be  so  published  on  the  following  day, 
subject  always  to  the  provisions  of  Article  XVI. 

15.  Amendment  or  Repeal. — No  ordinance  or  section  thereof 
shall  be  amended  or  repealed  excqit  by  ordinance  adopted  in  the 
manner  provided  in  this  Charter. 

16.  Ordinances  Granting  Franchises. — No  proposed  ordinance 
granting  any  franchise  shall  *be  put  upon  its  final  passage  within 
sixty  days  after  its  introduction,  nor  until  it  has  been  published  not 
less  than  once  a week  for  six  consecutive  weeks  in  two  daily  news- 
papers of  general  circulation  published  in  the  City. 

17.  Record  of  Ordinances. — A true  copy  of  every  ordinance 
shall  be  kept  in  a book  marked  “Ordinance  Record,”  and  authenti- 
cated by  the  signatures  of  the  Mayor  and  Clerk. 

18.  Proof  of  Ordinances. — Any  ordinance  may  be  proved  by  a 
copy  thereof  certified  by  the  Clerk,  under  the  seal  of  the  City;  or 
when  printed  in  book  or  pamphlet  form  and  purporting  to  be 
published  by  the  authority  of  the  City,  the  same  shall  be  received  in 
evidence  in  all  Courts,  or  other  places,  without  further  proof. 

8 


19-  Publication  of  Charter  and  Ordinances. — The  Council  shall, 
as  speedily  as  may  be,  and  in  any  event  within  two  years  from  the 
time  of  its  organization  under  this  Charter,  and  from  time  to  time 
thereafter,  cause  all  ordinances  at  such  times  in  force  to  be  classified 
under  appropriate  heads,  and  to  be  published  in  book  form,  togethei 
with  or  separate  from  the  Charter,  and  such  provisions  of  the  Con- 
stitution and  laws  of  the  State  as  the  Council  may  deem  expedient. 

20.  Power  to  Establish  Offices. — The  Council  shall,  consistent 
with  the  provisions  of  this  Charter,  establish  any  office,  position  or 
employment  that  may  in  its  opinion  be  necessary  or  expedient,  and 
fix  the  salary  and  duties  thereof.  It  may  at  any  time  abolish  the 
same,  whereupon  the  salary  attached  thereto  shall  cease. 

21.  Statements. — The  Council  shall  cause  to  be  printed  each 
month  in  pamphlet  form  a detailed  statement  of  all  receipts  and  ex- 
penditures of  the  City  and  a summary  of  its  proceedings  during  the 
preceding  month  and  furnish  printed  copies  thereof  to  the  public 
library,  the  daily  newspapers  of  the  City  and  to  persons  who  shall 
apply  therefor  at  the  office  of  the  Clerk.  Said  statement  shall  also 
show  the  amount  of  water  used  during  the  preceding  month  and  the 
amount  of  reserve  water  in  storage  at  the  end  of  that  month. 

22.  Vote  of  Council  on  Appointments. — All  votes  upon  appoint- 
ments shall  be  by  roll  call  and  recorded.  The  vote  of  three  members 
shall  be  necessary  for  appointment. 

ARTICLE  IV. 

THE  MAYOR. 

23.  Duties — Authority — Powers. — (a)  The  Mayor  shall  be  the 
chief  executive  officer  of  the  City. 

{b)  He  shall  take  care  that  this  Charter,  the  laws  of  the  State 
and  the  ordinances  of  the  City  are  duly  enforced  within  the  City  and 
its  jurisdiction.  He  may  remit  fines,  costs,  forfeitures  and  penalties 
imposed  for  the  violation  of  any  ordinance,  but  shall  make  a report  of 
such  remissions  to  the  Council  at  the  next  meeting  thereafter  with 
his  reasons  therefor.  He  shall  have  power  to  administer  oaths. 

(c)  He  shall  sign  all  contracts,  bonds  or  other  instruments  re- 
quiring the  assent  of  the  City  and  take  care  that  the  same  are  duly 
performed.  All  legal  process  against  the  City  shall  be  served  upon 
the  Mayor  or  Acting  Mayor. 

{d)  He  shall  be  charged  with  the  general  oversight  of  all  de- 
partments, boards  and  commissions  of  the  City. 

{e)  He  shall  be  ex-officio  a member  of  each  board,  commission 
or  body  created  or  authorized  by  this  Charter,  or  by  any  ordinance  of 
the  City. 

{f)  He  shall  have  the  right  to  vote  on  all  questions  coming  be- 
fore the  Council. 


9 


( « ) He  shall  have  power  to  appoint  experts  to  examine  the  af- 
fairs of  any  pfficer  or  department  of  the  City,  whenever  he  shall  deem 
it  necessary. 

{h)  He  may  require  any  officer  or  employe  of  the  City  to  ex- 
hibit his  books  and  papers.  Failure  or  refusal  to  exhibit  books  or 
papers  so  required  shall  be  ground  for  removal. 

(f)  He  shall  have  and  exercise  such  powers,  prerogatives  and 
authority  as  are  conferred  by  the  provisions  of  this  Charter,  or  as 
may  be  conferred  upon  him  by  the  Council,  or  by  the  general  laws  of 
the  State,  not  inconsistent  with  the  general  purposes  and  provisions 
of  this  Charter. 

(;)  He  shall  appoint  all  officers  and  employes  of  the  City  whose 
election  or  appointment  is  not  otherwise  expressly  provided  for  in 
this  Charter. 

{k)  He  shall,  upon  the  recommendation  of  the  Commissioner  of 
the  appropriate  department,  appoint  such  heads  of  departments, 
deputies  and  principal  assistants  as  may  be  created  by  this  Charter 
or  by  ordinance. 

(/)  He  shall,  upon  like  recommendation,  appoint  all  other  officers 
or  employes  in  the  service  of  the  City,  except  day  laborers  and  un- 
skilled workmen,  and  except  as  in  this  Charter  otherwise  expressly 
provided.  The  Commissioner  may  suspend  any  officer  or  employe 
in  his  department  for  a period  not  exceeding  ten  days,  and  the 
Mayor  may  suspend  or  remove  any  officer  or  employe  for  cause, 
whenever  in  his  judgment  the  public  interests  demand  or  will  be 
better  subserved  thereby ; and  no  officer  whose  office,  position  or 
employment,  is  created  by  ordinance  shall  hold  the  same  for  any 
fixed  term,  but  shall  always  be  subject  to  removal  by  the  Mayor. 
In  case  of  such  removal,  if  the  officer  or  employe  so  removed  requests 
it,  the  Mayor  shall  file  in  the  office  of  the  Clerk  a written  statement 
of  the  reason  for  which  the  removal  was  made.  The  Council,  by 
the  affirmative  vote  of  four  members,  may  remove  any  of  said  offi- 
cers or  employes. 

(m)  He  shall  employ  for  a stipulated  compensation,  at  the  be- 
ginning of  each  fiscal  year,  a certified  public  accountant,  who  shall 
examine,  at  least  twice  each  year,  the  books,  records  and  reports 
of  the  Treasurer  and  of  all  officers  and  employes  who  receive  or 
disburse  City  moneys,'  and  the  books,  records  and  reports  of  such 
other  officers  and  departments  as  the  Mayor  may  direct  and  make 
triplicate  reports  thereof,  and  present  one  each  to  the  Mayor  and 
Treasurer,  and  file  one  with  the  Clerk.  Such  accountant  shall  have 
unlimited  privilege  of  investigation  to  examine  under  oath  or  other- 
wise all  officers,  clerks  and  employes  of  the  City,  and  every  such 
officer,  clerk  and  employe  shall  give  all  required  assistance  and  in- 
formation to  such  accountant,  and  submit  to  him  for  examination 
such  books  and  papers  of  his  office  as  may  be  requested,  and  failure 
to  do  so  shall  be  ground  for  removal.  The  Council  shall  provide 
for  the  payment  of  the  services  of  such  accountant. 

lO 


24-  Veto  Potver. — In  ordinances  making  appropriations,  the 
Mayor  may  veto  any  or  every  item  therein,  but  such  veto  shall  only 
extend  to  the  items  so  vetoed,  and  those  which  he  approves  shall  be- 
come effective,  and  those  which  he  disapproves  shall  not  become 
effective,  unless  passed  over  his  veto  by  the  vote  of  four  (4)  members 
of  the  Council. 


ARTICLE  V. 

EXECUTIVE  AND  ADMINISTRATIVE  DEPARTMENTS. 

25.  Distribution. — The  executive  and  administrative  powers, 
authority  and  duties  of  the  City,  not  otherwise  herein  provided  for, 
shall  be  distributed  among  five  departments,  as  follows : 

Department  of  Water  and  Water  Works, 

Department  of  Finance, 

Department  of  Public  Safety, 

Department  of  Public  Works  and  Property, 

Department  of  Public  Health  and  Sanitation. 

26.  Council  Assign  Duties. — The  Council  shall  determine  and 
assign  the  duties  of  the  several  departments ; shall  prescribe  the 
duties  of  officers  and  employes ; may  assign  particular  officers  and 
employes  to  one  or  more  of  the  departments ; may  require  an  officer 
or  employe  to  perform  duties  in  two  or  more  departments,  and  may 
make  such  other  rules  and  regulations  as  may  be  deemed  necessary 
or  proper  for  the  efficient  and  economical  conduct  of  the  business  of 
the  City. 

27.  Commissioners  of  Departments. — The  Mayor  shall  be  the 
Commissioner  of  Water  and  Water  Works.  The  Council,  at  its  first 
regular  meeting  after  the  election  of  its  members,  shall  designate  by 
majority  vote  one  Councilman  to  be  Commissioner  of  Finance,  one 
to  be  Commissioner  of  Public  Safety,  one  to  be  Commissioner  of 
Public  Works  and  Property,  and  one  to  be  Commissioner  of  Public 
Health  and  Sanitation ; proznded,  however,  that  if  the  Council  is  un- 
able to  agree  upon  such  designation,  the  Mayor  shall  have  the  author- 
ity to  make  such  designation. 

28.  Council  May  Change  Designation.  — The  Council  may 
change  such  designation  (except  that  of  the  Department  of  Water 
and  Water  Works)  by  ordinance,  or  by  resolution,  whenever  it  shall 
determine  that  the  public  service  requires  such  change. 

29.  Commissioner  May  Employ  or  Discharge. — The  Commis- 
sioner for  each  of  the  departments  shall  have  the  supervision  and 
control  of  all  the  affairs  and  property  belonging  to  such  department, 
except  as  otherwise  provided  in  this  Charter,  or  by  ordinance,  subject 
to  such  regulations  as  may  be  prescribed  by  the  Council.  He  may 
employ  and  discharge  or  delegate  to  any  subordinate  the  power  to 
employ  and  discharge  day  laborers  and  unskilled  workmen. 

II 


ARTICLE  VI. 

DEPARTMENT  OF  WATER  AND  WATER  WORKS. 

30.  Department  an  Entity. — The  Department  of  Water  and 
Water  Works  shall  embrace  all  property,  rights  and  obligations  of 
the  City  in  respect  of  water  and  water  works,  and  shall  insofar  as 
practicable  be  administered  as  an  entity.  To  that  end  all  contracts, 
records  and  muniments  of  title  pertaining  thereto  shall  be  assembled 
and  carefully  preserved,  and  accounts  shall  be  kept  of  its  assets,  lia- 
bilities, receipts  and  disbursements,  separate  and  distinct  from  the 
accounts  of  any  other  department.  Its  revenue  shall  be  so  applied 
that  as  far  as  possible  the  department  shall  be  self-sustaining. 

31.  Commissioner  Administer  Department. — The  Commissioner 
of  Water  and  Water  Works  is  charged  with  the  administration  of 
said  department.  He  shall  appoint  all  such  officials,  assistants  and 
skilled  employes  as  may  be  necessary,  and  may  secure  the  services 
or  advice  of  hydraulic  engineers,  special  counsel  and  other  experts 
for  such  compensation  as  may  be  approved  by  the  Council.  He  shall 
take  care  that  the  water  supply  of  the  City  is  preserved  from  impair- 
ment or  pollution  and  seasonably  augmented  so  as  to  assure  at  all 
times  a supply  of  potable  water  adequate  for  the  growing  needs  of 
the  City.  To  that  end  he  shall  cause  comparative  investigation  to  be 
made  of  all  available  reservoir  sites  and  sources  of  such  water  sup- 
ply and  report  thereon  to  the  Council  with  his  recommendations.  He 
shall  also  prepare  and  submit  to  the  Council  measures  for  the  storage 
and  augmenting  of  the  City’s  supply  of  water  for  ditch  and  irrigation 
purposes.  He  shall  cause  adequate  water  measurements  and  tests 
to  be  made  and  record  thereof  preserved. 

32.  Commissioner  Pix  Rates — Council  Impose  Fines. — He  shall 
with  the  approval  of  the  Council  expressed  by  resolution,  fix  rates 
and  establish  regulations  for  the  use  of  water  by  consumers  and  regu- 
lations for  the  orderly  administration  of  the  department.  The  Coun- 
cil shall  by  ordinance  impose  fines  and  penalties  for  the  violation  of 
any  of  said  regulations. 

33.  Duty  of  Commissioner  as  to  Bonds. — He  shall,  as  soon  as 
may  be  after  this  Charter  goes  into  ei¥ect,  prepare  with  the  advice  of 
the  Commissioner  of  Finance  a measure  for  the  retirement  by  pur- 
chase or  redemption  of  the  existing  water  bonds  of  the  City  through 
the  issuance  and  sale  hereby  provided  for  of  bonds  of  the  City  to  ma- 
ture not  later  than  fifty  years  from  their  date,  bearing  interest  at  a 
rate  not  exceeding  four  per  centum  per  annum  and  providing  for 
payments  into  a sinking  fund  commencing  not  earlier  than  ten  years 
from  their  date,  said  interest  and  sinking  fund  payments  to  be 
chargeable  primarily  upon  the  revenues  of  the  department,  and  shall 
submit  said  measure  to  the  Council  for  action  thereon. 

He  shall  from  time  to  time  in  like  manner  prepare  and  submit 
to  the  Council  for  action  thereon  measures  for  such  bond  issues  or 
other  financing  of  the  department’s  affairs  as  the  needs  of  the  City 
may  require. 


T2 


34-  Emergency  Warrants. — If  at  any  time  the  moneys  appropri- 
ated and  available  for  said  department  shall  be  insufficient  in  his 
judgment  to  meet  any  emergency  arisen  in  said  department  since  the 
passage  of  the  last  annual  appropriation  ordinance,  the  Council  may, 
upon  his  requisition  and  by  resolution  declaratory  of  the  emergency, 
cause  emergency  warrants  to  be  issued  in  an  aggregate  amount  not 
exceeding  one  hundred  thousand  dollars  in  any  one  year,  bearing 
interest  at  a rate  not  exceeding  six  per  centum  per  annum,  and 
payable  out  of  the  receipts  of  said  department  for  the  ensuing  year, 
including  proceeds  from  the  sale  of  bonds.  Said  warrants  and  the 
moneys  realized  thereon  shall  be  applied  only  to  meeting  the  emerg- 
ency so  declared. 


ARTICLE  VII. 

DEPARTMENT  OF  FINANCE. 

35.  Fiscal  Year  Same  as  Calendar  Year. — The  fiscal  year  of  the 
City  shall  commence  on  the  first  day  of  January  and  end  on  the  last 
day  of  December  of  each  year. 

36.  Public  M'oneys. — The  Commissioner  of  Finance  shall  have 
the  direct  control  of  the  revenues  of  the  City  except  as  otherwise 
provided  by  this  Charter  or  by  ordinance. 

The  Council  shall  by  ordinance  provide  a system  for  the  collec- 
tion, custody  and  disbursement  of  all  public  moneys,  not  inconsistent 
with  the  provisions  of  this  Charter. 

The  Council  shall  by  ordinance  provide  a system  of  accounting 
for  the  City,  not  inconsistent  with  the  provisions  of  this  Charter, 
which  shall  be  assimilated  as  nearly  as  may  be  to  the  uniform  system 
of  municipal  accounting. 

The  Council  shall  by  ordinance  provide  a system  for  the  assess- 
ment, equalization,  levy  and  collection  of  all  City  taxes,  not  incon- 
sistent with  the  provisions  of  this  Charter. 

37.  Adoption  of  Existing  Lazv. — Until  the  Council  shall  other- 
wise by  ordinance  provide,  the  Statutes  of  the  State  of  Colorado  now 
or  hereafter  in  force,  shall  govern  the  making  of  assessments  by  the 
Assessor  of  the  County  in  which  the  City  is  situated,  the  making  of 
equalization  by  the  Board  of  County  Commissioners  of  said  County 
and  the  collection  of  taxes  by  the  Treasurer  of  said  County  for  and 
on  behalf  of  the  City,  as  also  in  respect  of  the  certification  and  collec- 
tion of  all  delinquent  charges,  assessments  or  taxes. 

38.  Certificate  of  Assessment. — Until  the  Council  shall  other- 
wise by  ordinance  provide,  it  shall  be  the  duty  of  the  County  As- 
sessor as  soon  as  the  assessment  roll  is  ready  in  each  year  for  the 
extension  of  taxes  in  accordance  with  the  general  laws  of  the  State, 
to  certify  to  the  Council  the  total  arhount  of  property  assessed  within 
the  limits  of  the  City. 


13 


39-  Hstimates  of  rrobable  Expense. — On  or  before  the  first 
Monday  in  November  in  each  year  the  Commissioners,  Boards  and 
Commissions  of  the  City  shall  furnish  to  the  Mayor  estimates  in 
writing  of  the  probable  expense  to  be  incurred  in  their  several  de- 
partments for  the  ensuing  fiscal  year,  specifying  in  detail  such  prob- 
able expenditures,  including  a statement  of  the  salaries  of  their  sub- 
ordinates. Duplicates  of  these  estimates  shall  be  sent  at  the  same 
time  to  the  Commissioner  of  Finance. 

The  Commissioner  of  Finance  shall,  on  or  before  the  first  Mon- 
day in  November  in  each  year,  certify  to  the  Mayor  the  amount  of 
money  to  be  raised  by  taxation  during  the  ensuing  fiscal  year  to 
make  payment  of  interest,  sinking  fund  and  principal  of  bonded  in- 
debtedness, and  also  the  estimated  amount  of  revenue  from  all 
sources  other  than  tax  levy. 

40.  Mayor’s  Budget. — From  such  estimates  the  Mayor  shall,  on 
or  before  the  third  Monday  in  November  in  each  year,  or  on  such 
later  date  in  each  year  as  shall  be  fixed  by  the  Council,  prepare  and 
present  to  the  Council  his  annual  budget  for  the  ensuing  fiscal  year, 
which  shall  include  interest  and  sinking  fund  on  the  bonded  debt. 
The  budget  so  prepared  shall  be  in  such  detail  as  to  the  aggregate 
sum  and  the  items  thereof  allowed  to  each  department,  office,  board 
or  commission  as  the  Mayor  may  deem  advisable. 

41.  Action  on  Budget. — The  Council  shall,  on  receipt  of  the 
budget,  consider  and  adopt  the  same  with  or  without  amendment. 
In  amending  the  Council  may  reduce  or  omit  any  item  but  shall  not 
increase  any  item  nor  the  total  of  the  budget  nor  add  any  item  there- 
to nor  originate  a budget. 

The  Council  shall  also  in  adopting  the  said  budget,  estimate  and 
declare  the  amount  of  money  necessary  to  be  raised  by  tax  levy, 
taking  into  account  the  amounts  available  from  other  sources  to 
meet  the  expenses  of  the  City  for  the  ensuing  fiscal  year,  based  on 
the  budget  so  adopted.  Said  budget  and  estimate  as  finally  adopted 
shall  be  signed  by  the  Mayor  and  Clerk  and  filed  with  the  Auditor. 

42.  Levy. — Upon  said  estimate  the  Council  shall  forthwith  pro- 
ceed to  make  by  ordinance  the  proper  levy  in  mills  upon  each  dollar 
of  the  assessed  valuation  of  all  taxable  property  within  the  City,  such 
levy  representing  the  amount  of  taxes  for  City  purposes  necessary 
to  provide  for  payment  during  the  ensuing  fiscal  year  of  all  properly 
authorized  demands  upon  the  Treasurer,  and  until  the  Council  shall 
otherwise  by  ordinance  provide,  the  Council  shall  thereupon  cause 
the  total  levy  to  be  certified  by  the  Clerk  to  the  County  Assessor 
who  shall  extend  the  same  upon  the  tax  list  of  the  current  year  in  a 
separate  column  entitled  “The  City  of  Colorado  Springs  Taxes,” 
and  shall  include  said  City  taxes  in  his  general  warrant  to  the  County 
Treasurer  for  collection.  The  levy  shall  never  exceed  twenty  mills 
on  the  dollar  for  all  general  City  purposes  upon  the  total  assessed 
valuation  of  said  taxalDle  property  within  the  City.  The  foregoing 
limitation  of  twenty  mills  shall  not  apply  to  taxes  levied  by  the 

14 


Council  for  the  payment  of  any  interest,  sinking-  fund  or  principal 
of  any  bonded  indebtedness  of  the  City  now  existing-  or  hereafter 
created,  nor  for  payment  of  interest,  sinkdng  fund  or  principal  of  the 
indebtedness  of  any  town  or  city  which  may  hereafter  be  incorporated 
with  or  annexed  to  the  City ; nor  to  special  assessments  for  local  im- 
provements. 

If  the  Council  fail  in  any  year  to  make  said  tax  levy  as  above 
provided,  then  the  rate  last  fixed  shall  be  the  rate  fixed  for  the 
ensuing  fiscal  year. 

The  amount  required  to  make  payment  of  any  interest,  sinking 
fund  or  principal  of  bonded  indebtedness  shall  always  be  included 
in  and  met  by  tax  levy,  except  as  otherwise  provided  for  in  this 
Charter. 

43.  Appropriations. — Upon  the  basis  of  the  budget  as  adopted 
and  filed  the  several  sums  shall  forthwith  be  appropriated  by  ordin- 
ance to  the  several  purposes  therein  named  for  the  ensuing  fiscal  year. 
Said  ordinance  shall  be  adopted  not  later  than  the  thirty-first  day  of 
December  in  each  year,  and  shall  be  entitled  '‘The  Annual  Appropria- 
tion Ordinance.” 

44.  No  Liability  Without  Appropriation. — Neither  the  Council 
nor  any  officer  or  employe  of  the  City  shall  have  authority  to  make 
any  contract  involving  the  expenditure  of  public  money,  or  impose 
upon  the  City  any  liability  to  pay  money  unless  and  until  a definite 
amount  of  money  shall  have  been  appropriated  for  the  liquidation  of 
all  pecuniary  liability  of  the  City  under  such  contract  or  in  conse- 
(luence  thereof  to  mature  during  the  period  covered  by  the  appropria- 
tion. Such  contract  shall  be  ab  initio  null  and  void  as  to  the  City 
for  any  other  or  further  liability;  provided,  first,  that  nothing  herein 
contained  shall  prevent  the  Council  from  providing  for  payment  of 
any  expense,  the  necessity  of  which  is  caused  by  any  casualty,  acci- 
dent or  unforseen  contingency  arising  after  the  passage  of  the  an- 
nual appropriation  ordinance ; and,  second,  that  the  provisions  of  this 
section  shall  not  apply  to  or  limit  the  authority  conferred  in  relation 
to  bonded  indebtedness,  nor  for  moneys  to  be  collected  by  special 
assessments  for  local  improvements. 

45.  Special  Appropriations  for  1909. — The  Council  shall  during 
the  year  1909  pass  such  special  appropriation  ordinances  as  may  be 
necessary  to  pay  the  salaries  and  defray  the  expenses  of  any  and  all 
departments,  officers  and  employes  of  the  City  for  the  year  1909,  but 
not  thereafter,  for  which  provision  is  not  made  in  the  existing  ap- 
propriation ordinance  for  that  year,  and  the  warrants  for  the  pay- 
ment of  such  salaries  and  expenses  after  being  duly  allowed  and 
audited,  may  be  drawn  against  such  appropriation,  and  the  amount 
so  required  for  the  payment  of  such  warrants,  or  so  much  thereof  as 
may  be  necessary,  shall  be  payable  out  of  any  available  moneys  not 
otherwise  appropriated,  or  failing  such  moneys  the  warrants  shall  be 
registered  and  payable  out  of  the  revenue  for  the  next  ensuing  fiscal 
\ear. 


US 


46.  Collection  of  Taxes. — Until  the  Council  shall  otherwise  by 
ordinance  provide,  the  County  Treasurer  shall  collect  City  taxes  in 
the  same  manner  and  at  the  same  time  as  State  taxes  are  collected, 
and  all  laws  of  this  State  for  the  assessment  of  property  and  the  levy 
and  collection  of  general  taxes,  including  laws  for  the  sale  of  prop- 
erty for  taxes  and  the  redemption  of  the  same  shall  apply  and  have 
as  full  effect  in  respect  of  taxes  for  the  City  as  of  such  general 
taxes,  except  as  modified  by  this  Charter. 

On  or  before  the  fifth  day  of  every  month,  the  County  Treasurer 
shall  report  the  amount  of  tax  collections  for  the  preceding  month 
to  the  Auditor  and  shall  pay  over  the  amount  collected  for  the  pre- 
ceding month  to  the  Treasurer. 

47.  Limitation  of  City  Indebtedness. — Except  as  otherwise  in 
this  Charter  provided,  no  bonds  shall  be  issued  for  any  purpose,  ex- 
cept in  pursuance  of  an  ordinance  authorizing  the  same,  which  ordi- 
nance shall  be  irrepealable  until  the  indebtedness  therein  provided 
for,  and  the  bonds  issued  in  pursuance  thereof,  shall  have  been  fully 
paid,  and  no  bonds  shall  be  issued  unless  the  question  of  issuing  the 
bonds  shall  be  submitted  to  the  vote  of  such  qualified  electors  of  the 
City  as  shall  in  the  year  next  preceding  such  election  have  paid  a 
property  tax  therein,  and  a majority  of  those  voting  upon  the 
question  by  ballot  shall  vote  in  favor  of  issuing  such  bonds. 

The  City  shall  not  become  indebted  for  any  purpose  or  in  any 
manner  to  an  amount  which,  including  existing  indebtedness,  shall 
exceed  three  per  cent,  of  the  assessed  valuation  of  the  taxable  prop- 
erty within  the  City,  as  shown  by  the  last  preceding  assessment  for 
City  purposes  ; provided,  hoieever,  that  in  determining  the  limita- 
tion of  the  City's  power  to  incur  indebtedness  there  shall  not  be  in- 
cluded bonds  issued  for  the  acquisition  of  water,  light  or  other  public 
utilities,  works  or  ways  from  which  the  City  will  derive  a revenue. 

48.  Special  Statute  Continued  in  Force. — The 'provisions  of 
Sections  6657  and  6658  of  the  Revised  Statutes  of  Colorado  1908  re- 
lating to  sidewalks,  and  of  Sections  6687  to  6694  thereof  inclusive, 
relating  to  refunding  bonds,  are  hereby  made  and  declared  to  be  in 
full  force  and  effect  in  the  City  until  the  Council  shall  otherwise  by 
ordinance  provide. 

ARTICLE  VIII. 

DEPARTMENT  OF  PUBLIC  SAFETY. 

49.  Council  Establish  Police  and  Fire  Departments. — The 
Council  shall,  by  ordinance,  provide  for  the  establishment  and  main- 
tenance of  a Police  Department  and  a Fire  Department,  consisting 
of  .such  employes  as  it  may  deem  necessary. 

50.  Commissioner  Have  Supendsion. — The  Commissioner  of 
Public  Safety  shall  have  the  supervision  and  control  of  the  Police 
and  Fire  Departments  except  as  otherwise  provided  in  this  Charter, 
or  by  ordinance. 


16 


51.  Police  and  fire  Department  Relief  funds. — The  Council 
shall  by  ordinance  provide  for  a police  department  relief  fund  and 
for  a fire  department  relief  fund,  to  be  administered  by  the  Com- 
missioner of  Public  Safety.  The  Council  shall  annually  appropriate 
a reasonable  sum  for  each  of  said  funds. 

POUCE  COURT. 

52.  Existing  Law  Apply. — The  existing  Police  Court  of  the 
City  shall  continue  as  provided  in  Sections  4946  to  4960  inclusive, 
of  the  Revised  Statutes  of  Colorado,  1908,  until  otherwise  provided 
by  ordinance. 

53.  Jurisdiction. — Said  Police  Court  shall  have  exclusive  orig- 
inal jurisdiction  to  hear,  try  and  determine  all  charges  of  misde- 
meanor as  declared  by  this  Charter  and  all  causes  arising  under  any 
of  the  ordinances  of  the  City  for  a violation  thereof.  There  shall 
be  no  trial  by  jury  and  there  shall  be  no  change  of  venue  from  said 
court. 

ARTICJM  IX. 

DEPARTMENT  OF  PUBLIC  WORKS  AND  PROPERTY. 

54.  Commissioner  Have  Supervision. — The  Commissioner  of 
Public  Works  and  Property  shall  have  the  supervision  and  control 
of  all  streets,  public  works,  ways,  buildings  and  improvements,  ex- 
cept as  otherwise  provided  in  this  Charter  or  by  ordinance. 

There  shall  be  appointed  in  the  manner  provided  in  this  Charter 
all  such  assistants  and  employes  as  may  be  or  become  necessary 
to  the  efficient  administration  of  this  department  of  the  City’s  gov- 
ernment.- 

, ARTICLE  X. 

DEPARTMENT  OF  HEALTH  AND  SANITATION. 

55.  Assistants  and  Employes. — There  shall  be  appointed  in  the 
manner  provided  in  this  Charter,  a health  officer,  city  chemist,  mar- 
ket master,  plumbing  inspector  and  superintendent  of  cemeteries  and 
all  such  assistants  and  employes  as  may  be  or  become  necessary  to 
the  efficient  administration  of  this  department  of  the  City’s  govern- 
ment. 

56.  Qualidcations  of  Health  Officer. — The  health  officer  shall 
be  a graduate  of  a reputable  medical  college  and  shall  have  practiced 
medicine  for  at  least  five  years.  He  shall  have  been  a resident  of  this 
City  for  at  least  two  years  next  preceding  his  appointment  and  shall 
be  licensed  to  practice  medicine  in  this  State ; he  shall  have  his  license 
recorded  with  the  County  Clerk  and  Recorder  of  El  Paso  County,  in 
accordance  with  the  laws  of  the  State  of  Colorado  regulating  the 
practice  of  medicine.  Such  health  officer  shall  devote  as  much  time 
as  is  necessary  to  the  duties  of  his  office. 

17 


57-  Qualifications  of  Assistants. — The  chemist,  market  master, 
plumbing  inspector,  and  the  superintendent  of  cemeteries  shall  be 
persons  properly  skilled  and  qualified  for  the  efficient  and  capable 
performance  of  their  respective  duties. 

58.  Power  of  Arrest. — The  Commissioner  of  Health  and  Sani- 
tation and  all  regularly  appointed  employes  of  the  Department  of 
Health  and  Sanitation  shall  have  the  right  and  power  to  arrest  an\- 
person  or  persons  who  may  violate  any  of  the  rules  or  regulations 
of  the  department. 

59.  Duty  of  Physicians  and  Householders. — Every  physician  in 
the  City  shall  promptly  report  in  writing  to  said  department  every 
patient  whom  he  shall  have  sick  of  any  infectious,  contagious  or 
communicable  disease  dangerous  to  public  health ; and  every  house- 
holder, upon  reasonable  notice  from  said  department,  that  an  occu- 
pant of  his  or  her  household  is  suffering  from  any  infectious,  con- 
tagious or  communicable  disease,  dangerous  to  the  public  health, 
shall  forthwith  adopt  such  preventive  means  and  regulations  as  said 
department  shall  prescribe.  Every  physician  who  shall  fail  to  re- 
port such  case  of  sickness  as  required  herein,  and  every  householder 
who  shall  fail  to  comply  with  the  rules,  requirements  and  regulations 
of  said  department,  shall  be  subject  to  such  fines  and  penalties  as 
the  Council  may  by  ordinance  prescribe. 

60.  Council  Make  Ordinances. — The  Council  shall  make  all 
ordinances  and  regulations  which  may  be  necessary  or  expedient  for 
the  preservation  of  the  public  health  and  the  suppression  of  disease. 

ARTICLE  XI. 

COMMISSIONS  AND  BOARDS. 

PARKS. 

61.  Commission — Statutes  Apply. — The  existing  Park  Commi>- 
sion  of  the  City  shall  continue  with  the  powers,  functions  and  duties 
established  by  Sections  6771  to  6788  inclusive,  of  the  Revised  Stat- 
utes of  Colorado,  1908,  as  in  force  January  i,  1909,  until  changed  l\v 
amendment  of  this  Charter. 

PUBLIC  LIBRARY. 

62.  Board — Statutes  Apply. — The  existing  Board  of  Directors 
of  the  Public  Library  of  the  City  of  Colorado  Springs  shall  continue 
with  the  powers,  functions  and  duties  established  by  Sections  3972  to 
3984  inclusive,  of  the  Revised  Statutes  of  Colorado,  1908,  as  in  force 
January  i,  1909,  until  changed  by  amendment  of  this  Charter. 

ARTICLE  XII. 

BRANCH  ISES  AND  PUBLIC  UTILITIES.’ 

63.  Franchise  Granted  Upon  Vote. — No  franchise  shall  be 
granted  bv  the  City  except  upon  the  vote  of  the  qualified  tax-paying 

18 


electors,  and  the  question  of  its  being-  granted  shall  be  submitted  to 
such  vote  upon  deposit  with  the  Treasurer  of  the  expense  (to  be  de- 
termined by  the  Treasurer)  of  such  submission  by  the  applicant 
for  said  franchise. 

64.  franchise  Specify  Streets. — All  franchises  or  privileges 
hereafter  granted  shall  plainly  specify  on  what  particular  streets, 
alleys,  avenues  or  other  public  property  the  same  shall  apply ; and  no 
franchise  or  privilege  shall  hereafter  be  granted  by  the  City  in  gen- 
eral terms  or  to  apply  to  the  City  generally. 

65.  Power  to  Regulate  Rates  and  Fares. — All  power  to  regu- 
late the  rates,  fares  and  charges  for  service  by  public  utility  corpora- 
tions is  hereby  reserved  to  the  people,  to  be  exercised  by  them  by 
ordinance  of  the  Council  or  in  the  manner  herein  provided  for  initiat- 
ing or  referring  an  ordinance.  Any  right  of  regulation  shall  further 
include  the  right  to  require  uniform,  convenient  and  adequate  service 
to  the  public  and  reasonable  extensions  of  such  service  and  of  such 
public  utility  works. 

66.  Ordinance  in  Plain  Terms. — No  franchise,  right  or  privilege 
or  license  shall  be  considered  as  granted  by  any  ordinance  except 
wdien  granted  therein  in  plain  and  unambiguous  terms  and  any  and 
every  ambiguity  therein  shall  be  construed  in  favor  of  the  City  and 
against  the  claimant  under  said  ordinance. 

67.  Issuance  of  Stock. — Every  ordinance  granting  any  franchise 
shall  prohibit  the  issuing  of  any  stock  on  account  thereof  by  any 
corporation  holding  or  doing  business  under  said  franchise,  to  an 
amount  in  excess  of  the  sum  which  shall  be  fixed  for  said  purpose  by 
the  Council  whenever  requested  so  to  do  by  the  holder  of  said  fran- 
chise ; the  said  sum  as  fixed  by  the  Council  shall  consist  of  the  fol- 
lowing items,  only,  to-wit : 

(a)  The  sum  necessarily  expended  by  the  grantee  of  said  fran- 
chise in  obtaining  the  same  from  the  City ; and 

{b)  The  sum  which  is  in  the  opinion  of  the  Council  reasonably 
sufficient  to  compensate  said  grantee  for  the  time  and  services  given 
by  him  in  obtaining  said  franchise.  Any  violation  of  thef  terms  of 
this  section  shall  at  the  option  of  the  City  operate  as  a forfeiture 
of  said  franchise. 

68.  License  Tax. — The  City  shall  have  the  right  to  license  or 
tax  street  cars,  telephones,  gas  meters,  electric  meters,  water  meters, 
or  any  other  similar  device  for  measuring  service;  also  telephone, 
telegraph,  electric  light  and  power  poles,  subways  and  wires.  The 
said  license  or  tax  shall  be  exclusive  ‘of  and  in  addition  to  all  other 
lawful  taxes  upon  the  property  of  the  holder  thereof. 

69.  Special  Privileges  to  Mail  Carriers,  Policemen  and  Firemen 
— The  grant  of  every  franchise  for  a street,  suburban  or  interurban 
railroad  shall  provide  that  all  United  States  mail  carriers  and  all 
policemen  and  firemen  of  the  City  in  uniform  shall  at  all  times, 
while  in  the  actual  discharge  of  their  duties,  be  allowed  to  ride  on 

19 


the  cars  of  such  railroad  within  the  boundaries  of  the  City  without 
payino-  therefor  and  with  all  the  rights  of  other  passengers. 

70.  Railroad  Elevate  or  Lower  Tracks. — The  Council  shall  by 
ordinance,  require  under  proper  penalties,  any  railroad  company, 
whether  steam  or  electric,  to  elevate  or  lower  any  of  its  tracks  run- 
ning over,  along  or  across  any  of  the  streets  or  alleys  of  the  City, 
whenever  in  the  opinion  of  the  Council  the  public  safety  or  conve- 
nience require. 

71.  Franchise  Provide  for  Safety,  Etc. — The  grant  of  every 
franchise  or  privilege  shall  be  subject  to  the  right  of  the  City, 
whether  in  terms  reserved  or  not,  to  make  all  regulations  which  shall 
be  necessary  to  secure  in  the  most  ample  manner  the  safety,  welfare 
and  accommodation  of  the  public,  including  among  other  things  the 
right  to  pass  and  enforce  ordinances  to  require  proper  and  adequate 
extensions  of  the  service  of  such  grant,  and  to  protect  the  public 
from  danger  or  inconvenience  in  the  operation  of  any  work  or  busi- 
ness authorized  by  the  grant  of  the  franchise  and  the  right  to  make 
and  enforce  all  such  regulations  as  shall  be  reasonably  necessary  to 
secure  adequate,  sufficient  and  proper  service,  extensions  and  accom- 
modations for  the  people  and  insure  their  comfort  and  convenience. 

72.  Oversight  of  Franchise  for  Use  of  Water  Reserved  to  City. 
— Every  franchise,  right  or  privilege  which  has  been,  or  which  may 
be  hereafter  granted,  conveying  any  right,  permission  or  privilege 
to  the  use  of  the  water  belonging  to  the  City  or  to  its  water  system, 
shall  always  be  subject  to  the  most  comprehensive  oversight,  man- 
agement and  control  in  every  particular  by  the  City ; and  the  rights 
of  the  City  to  such  control  for  municipal  purposes  is  retained  by 
the  City  in  order  that  nothing  shall  ever  be  done  by  any  grantee 
or  assignee  of  any  such  franchise,  right  or  privilege  which  shall  in 
any  way  interfere  with  the  successful  operation  of  the  water  works 
of  the  City,  or  which  shall,  or  which  -shall  tend  to,  divert,  impair  or 
render  the  same  inadequate  for  the  complete  performance  of  the 
trust  for  the  people  under  which  such  water  works  are  held  by  the 
City. 

73.  No  Exclusive  Franchise — Reneival. — No  exclusive  fran- 
chise shall  ever  be  granted,  and  no  franchise  shall  be  renewed  before 
one  year  prior  to  its  expiration. 

74.  No  Franchise  Leased,  Except. — No  franchise  granted  by 
the  City  shall  ever  be  leased,  assigned  or  otherwise  alienated  without 
the  express  consent  of  the  City,  and  no  dealing  with  the  lessee  or 
assignee  on  the  part  of  the  City  to  require  the  performance  of  any 
act  or  payment  of  any  compensation  by  the  lessee  or  assignee,  shall 
be  deemed  to  operate  as  such  consent.  No  such  franchise  shall  ever 
1)e  assigned  to  any  foreign  corporation. 

75.  No  Extension  or  Enlargement  of  Franchise,  Except. — No 
extension  or  enlargement  of  any  franchise  or  grant  of  rights  or 
powers  previously  granted  to  any  corporation,  person  or  association 

20 


of  persons,  shall  he  made  except  in  the  manner  and  subject  to  all  the 
conditions  herein  provided  for  in  this  Article  for  the  making  of  orig- 
inal grants  and  franchises ; provided,  hozvcver,  that  the  provisions  of 
this  Article  shall  not  apply  to  the  granting  by  ordinance  of  revocable 
licenses  or  privileges  for  side  track  or  switch  privileges  to  railway 
companies  for  the  purpose  of  reaching  and  affording  railway  con- 
nection and  switch  privileges  to  the  owners  or  users  of  any  indus- 
trial plant,  it  being  the  intention  to  permit  the  City  to  grant  such 
revocable  licenses  or  privileges  to  railway  companies  whenever  in 
its  judgment  the  same  is  expedient,  necessary  or  advisable,  and 
whenever  the  application  for  such  privileges  is  accompanied  by  the 
assent  in  writing  of  the  owners  of  the  major  part  in  extent  of  the 
front  feet  of  the  lots  or  tracts  of  land  of  the  block  fronting  on  each 
side  of  any  street,  or  parts  of  a street,  over  or  on  which  it  is  desired 
to  lay  or  construct  such  side  tracks  or  switches. 

76.  Proznsion  for  Common  Use  of  Tracks,  Poles,  Etc. — The 
City,  by  and  through  its  Council,  shall  have  the  power  to  require  any 
corporation  holding  a franchise  from  the  City,  to  allow  the  use  of  its 
tracks,  poles  and  wires  by  any  other  corporation  to  which  the  City 
shall  grant  a franchise,  upon  the  payment  of  a reasonable  rental 
therefor,  and  any  franchise  or  right  which  may  hereafter  be  granted 
to  any  person  or  corporation  to  operate  a street  railway  within  the 
City  or  its  suburbs,  shall  be  subject  to  the  condition  that  the  City 
shall  have  the  right  to  grant  to  any  other  person  or  corporation  de- 
siring to  build  or  operate  a street  railway  or  interurban  railway  with- 
in or  into  the  City,  the  right  to  operate  its  cars  over  the  tracks  of 
said  street  railway  in  so  far  as  may  be  necessary  to  enter  the  City 
and  to  reach  the  section  thereof  used  for  business  purposes,  provided 
that  the  person  or  corporation  desiring  to  operate  its  cars  over  the 
lines  of  said  street  railway,  shall  first  agree  in  writing  with  the 
owner  thereof  to  pay  it  reasonable  compensation  for  the  use  of  its 
tracks  and  facilities.  And  if  the  person  or  corporation  desiring  to 
use  the  same  cannot  agree  with  said  owner  of  said  street  railway  as 
to  said  compensation,  within  sixty  days  from  offering  in  writing  so 
to  do,  and  as  to  terms  and  conditions  of  the  use  of  said  tracks  and 
facilities,  then  the  Council  shall,  by  resolution,  after  a fair  hearing  to 
the  parties  concerned,  fix  the  terms  and  conditions  of  such  use  and 
compensation  to  be  paid  therefor,  which  award  of  the  Council  when 
so  made,  shall  be  binding  on  and  observed  by  the  parties  concerned. 

77.  M'ayor  Maintain  General  Supervision  — Reports  — Inspec- 
tion.— The  Mayor  shall  maintain  general  supervision  over  all  public 
utility  companies  insofar  as  they  are  subject  to  municipal  control. 
He  shall  cause  to  be  instituted  such  actions  or  proceedings  as  may 
be  necessary  to  prosecute  public  utility  companies  for  violations  of 
law,  and  may  revoke,  cancel  or  annul  all  franchises  that  may  have 
been  granted  by  the  City,  which  have  become  in  whole  or  in  part, 
or  which  for  any  reason  are,  illegal  or  void  and  not  binding  upon  the 
City. 


21 


lie  sliall  require  every  person  or  corporation  operating  under  a 
franchise  or  grant  from  the  City,  to  submit  to  the  Council  within 
sixty  (lays  after  the  first  day  of  January  of  each  year,  an  annual  re- 
port, verified  by  the  oath  of  the  President,  the  Treasurer  or  the  Gen- 
eral Manager  thereof,  showing  in  detail — 

(a)  The  aniount  of  its  authorized  capital  stock  and  the  amount 
thereof  issued  and  outstanding. 

(b)  The  amount  of  its  authorized  bonded  indebtedness  and  the 
amount  of  its  bonds  and  other  forms  of  evidence  of  indebtedness 
issued  and  outstanding. 

(c)  An  itemized  statement  of  its  receipts  and  expenditures  for 
the  preceding  calendar  year. 

(d)  The  amount  paid  as  dividends  upon  its  stock  and  as  interest 
upon  its  bonds  and  other  indebtedness. 

(e)  The  names  of  and  the  amount  paid  as  salary  to  each  officer 
and  the  amount  paid  as  wages  to  its  employes. 

(f)  A full  description  of  its  property  and  franchises,  stating  in 
detail  how  each  franchise  stated  to  be  owned  was  acquired  and  the 
book  value  thereof ; and 

(g)  Such  other  information  as  may  be  required  by  the  Council. 

Such  reports  shall  be  in  the  form  and  cover  the  period  pre- 
scribed by  the  Council ; and  the  Council  shall  have  the  power  either 
through  members  or  by  experts  or  employes  duly  authorized  by  it, 
to  examine  the  books  and  affairs  of  any  such  person,  persons  or  cor- 
porations and  to  compel  the  production  before  them  of  books  and 
papers  pertaining  to  such  report  or  other  matters. 

Any  such  person,  persons  or  corporation  which  shall  fail  to 
make  any  such  report,  shall  be  liable  to  a penalty  of  one  hundred  dol- 
lars and  an  additional  penalty  of  one  hundred  dollars  for  each  and 
every  day  thereafter,  during  which  he  shall  fail  to  file  his  report,  to 
be  sued  for  and  recovered  in  any  court  of  record. 

The  Mayor  shall  have  the  power,  either  personally  or  through 
the  City’s  inspectors  or  employes  duly  authorized  by  the  Council,  to 
enter  into  or  upon  and  to  inspect  the  buildings,  plants,  power  houses 
and  all  properties  of  any  such  person,  persons  or  corporation,  and 
shall  inspect  the  properties  of  such  person,  persons  or  corporation 
at  least  once  a year  and  shall  immediately  thereafter  report  to  the 
Council  a detailed  and  complete  statement  of  such  inspection. 

78.  Books  of  Record  and  Reference. — The  Mayor  shall  provide 
and  cause  to  be  kept  in  the  office  of  the  City  Clerk,  the  following 
books  of  record  and  reference : 

First — A Franchise  Record,  indexed  and  of  proper  form  in 
which  shall  be  transcribed  accurate  and  correct  copies  of  all  fran- 
chises or  grants  by  the  City  to  any  person,  persons  or  corporation 
owning  or  operating  any  public  utility.  The  index  of  said  record 
shall  give  the  name  of  the  grantee  and  thereafter  the  name  of  any 
assignee  thereof.  Said  record  shall  be  a complete  history  of  all 

22 


franchises  la^ranted  l:)y  the  City  and  shall  include  a comprehensive 
and  convenient  reference  to  actions,  contests  or  proceedings  at  law', 
if  any,  affecting  the  same. 

Second — A Public  Utility  Record,  for  every  person,  persons  or 
corporation  owning  or  operating  any  public  utility  under  any  fran- 
chise granted  by  the  City,  into  which  shall  be  transcribed  accurate 
and  correct  copies  of  each  and  every  franchise  granted  by  the  City 
to  said  person,  persons  or  corporation  or  which  may  be  controlled  or 
acquired  by  them  or  it,  together  with  copies  of  all  annual  reports  and 
inspection  reports,  as  herein  provided,  and  such  other  matters  of  in- 
formation and  public  interest  as  the  Mayor  may  from  time  to  time 
acquire.  All  annual  and  inspection  reports  shall  be  published  once 
in  two  daily  newspapers  of  general  circulation  published  in  the  City, 
or  printed  and  distributed  in  pamphlet  form,  as  the  Council  may 
deem  best,  and  in  case  annual  reports  are  not  filed  and  inspections 
are  not  made,  as  provided,  the  Mayor  shall  in  writing  report  to  the 
Council  the  reasons  therefor,  which  report  shall  be  transcribed  in  the 
Record  of  the  person,  persons  or  corporation  owning  or  controlling 
said  franchise  or  grant,  and  published  once  in  tw-o  daily  newspapers 
of  general  circulation  published  in  the  City,  or  printed  and  distrib- 
uted in  pamphlet  form,  as  the  Council  may  deeni'  best. 

The  provisions  of  this  section  shall  apply  to  all  persons  or  cor- 
porations operating  under  any  franchise  now  in  force  or  hereafter 
granted  by  the  City. 

79.  Books  of  Account — Examination. — The  City,  when  owning 
any  public  utility,  shall  keep  the  books  of  accounts  for  such  public 
utility  distinct  from  other  City  accounts  and  in  such  manner  as  to 
show  the  true  and  complete  financial  result  of  such  City  ownership, 
or  ownership  and  operation,  as  the  case  may  be.  Such  accounts 
shall  be  so  kept  as  to  show  the  actual  cost  to  such  City  of  the  pubfic 
utility  ow'ued ; all  cost  of  maintenance,  extension  and  improvement ; 
all  operating  expenses  of  every  description,  in  case  of  such  City 
operation ; the  amounts  set  aside  for  sinking  fund  purposes ; if 
water  or  other  service  shall  be  furnished  for  the  use  of  such  public 
utility  without  charge,  the  accounts  shall  show,  as  nearly  as  possible 
the  value  of  such  service,  and  also  the  value  of  such  similar  service 
rendered  by  the  public  utility  to  any  other  City  department  without 
charge ; such  accounts  shall  also  show  reasonable  allowance  for  in- 
terest, depreciation  and  insurance,  and  also  estimates  of  the  amount 
of  taxes  that  would  be  chargeable  against  such  property  if  owned  by 
a private  corporation.  The  Council  shall  cause  to  be  printed  an- 
nually for  public  distribution,  a report  showing  the  financial  results, 
in  form  as  aforesaid,  of  such  City  ownership,  or  ownership  and 
operation.  The  accounts  of  such  public  utility,  kept  as  aforesaid, 
shall  be  examined  at  least  once  a year  by  an  expert  accountant,  who 
shall  report  to  the  Council  the  results  of  his  examination.  Such 
expert  accountant  shall  be  selected  in  such  manner  as  the  Council 
may  direct,  and  he  shall  receive  for  his  services  such  compensation. 


lo  be  paid  out  of  the  income  or  revenues  from  such  public  utility,  as 
the  Council  may  prescribe. 

So.  Term  Not  Longer  Than  Twenty-five  Years — Compensation. 
— No  franchise,  lease  or  ri^ht  to  use  the  streets,  or  the  public  places 
or  property  of  the  City  shall  be  granted  by  the  City,  except  as  in 
this  Charter  provided,  for  a longer  period  than  twenty-five  (25) 
years,  nor  without  fair  compensation  to  the  City  therefor,  and  in 
addition  to  the  other  forms  of  compensation  to  be  therein  provided, 
the  grantee  shall  be  required  to  pay  annually  to  the  City  such  per- 
centage of  the  gross  receipts  arising  from  the  use  of  such  franchise 
and  of  the  plant  used  therewith  as  shall  be  fixed  in  the  grant  of 
said  franchise.  Provided,  that  such  percentage  be  not  less  than 
three  per  cent,  during  the  first  fifteen  years  and  not  less  than  five 
per  cent,  of  said  gross  annual  receipts  for  the  remainder  of  the  life 
of  the  franchise.  Every  grant  of  a franchise  shall  fix  the  amount 
and  manner  of  the  payment  of  the  compensation  to  be  paid  by  the 
grantee  for  the  use  of  the  same  and  no  other  compensation  of  any 
kind  shall  be  exacted  for  such  use  during  the  life  of  the  franchise, 
but  tins  provision  shall  not  exempt  the  grantee  from  any  lawful 
taxation  upon  his  or  its  property,  nor  from  any  licenses,  charges  or 
impositions  not  levied  on  account  of  such  use. 

81.  City  May  Purchase — Procedure. — (a)  Every  grant  of  a 
franchise  or  right  shall  provide  that  the  City  may,  upon  the  payment 
therefor  of  its  fair  valuation,  to  be  made  as  provided  in  the  grant, 
purchase  and  take  over  the  property  and  plant  of  the  grantee  in 
whole  or  in  part. 

The  procedure  to  effect  such  purchase  shall  be  as  follows : 

When  the  Council  shall,  by  resolution,  direct  that  the  Mayor 
shall  ascertain  whether  any  such  property  or  part  thereof,  should  be 
acquired  by  the  City,  or  in  the  absence  of  such  action  of  the  Council, 
when  a petition  subscribed  by  ten  per  centum  of  the  qualified  tax- 
paying  electors  requesting  that  the  Mayor  shall  ascertain  whether 
any  such  property  or  part  thereof  should  be  acquired  by  the  City, 
shall  be  filed  with  the  Clerk,  the  Mayor  shall  forthwith  carefully  in- 
vestigate said  property  and  report  to  the  Council — 

( 1 ) At  what  probable  cost  said  property  may  be  acquired. 

(2)  What,  if  any,  probable  additional  outlays  would  be  neces- 
sary to  operate  same.^ 

(3)  Whether,  if  acquired,  it  could  be  operated  by  the  City  at 
a profit  or  advantage  in  quality  or  cost  of  service,  stating  wherein 
such  profit  or  advantage  consists. 

(4)  Whether,  if  acquired,  it  could  be  paid  for  out  of  its  net 
earnings,  and  if  .so,  within  what  time,  and 

(5)  Such  other  information  touching  the  same  as  he  shall  have 
jicc|uired. 

Such  report  shall  be  made  in  writing,  shall  include  a statement 
of  facts  in  relation  thereto  with  such  particularity  as  will  enable  the 

24 


Council  to  judge  of  the  correctness  of  his  findings,  and  immediately 
after  submission  to  the  Council,  shall  l)e  filed  with  the  Clerk,  re- 
corded in  the  Public  Utility  Record  and  published  once  in  each  of 
two  daily  newspapers  of  general  circulation  published  in  the  City, 
or  printed  and  distributed  in  pamphlet  form,  as  the  Council  may 
deem  best. 

If  a petition  subscribed  by  twenty-five  per  centum  of  the  quali- 
fied tax-paying  electors  of  the  City,  requesting  that  the  question 
whether  or  not  the  City  shall  acquire  said  property  shall  be  sub- 
mitted to  a vote  of  the  people,  shall  within  sixty  days  after  the  filing 
of  said  report  be  filed  with  the  Clerk,  the  Council  shall  provide  by 
ordinance  for  the  submission  of  the  question  to  a vote  of  the  quali- 
fied tax-paying  electors. 

(b)  Every  grant  reserving  to  the  City  the  right  to  acquire  the 
plant  as  well  as  the  property,  if  any,  of  the  grantee  situated  in,  on, 
above  or  under  the  public  places  of  the  City,  or  elsewhere,  used  in 
connection  therewith,  shall  in  terms  specify  the  method  of  arriving 
at  the  valuation  therein  provided  for  and  shall  further  provide  that 
upon  the  payment  by  the  City  of  such  valuation  the  plant  and  prop- 
erty so  valued,  purchased  and  paid  for  shall  become  the  property  of 
the  City  by  virtue  of  the  grant  and  payment  thereunder  and  without 
the  execution  of  any  instrument  of  conveyance ; and  every  such 
grant  shall  make  adequate  provision  by  way  of  forfeiture  of  the 
grant,  or  otherwise,  for  the  effectual  securing  of  efficient  service  and 
for  the  continued  maintenance  of  the  property  in  good  order  and 
repair  throughout  the  entire  term  of  the  grant. 

(c)  Whenever  any  plant  or  property  shall  become  the  property 
of  the  City  of  Colorado  Springs,  the  City  shall  have  the  option  at  any 
time  then  or  thereafter  either  to  operate  the  same  on  its  own  ac- 
count, or  by  ordinance  to  lease  the  same  or  any  part  thereof  together 
with  the  franchise  or  right  to  use  the  streets  or  other  public  property 
in  connection  therewith  for  periods  not  exceeding  twenty-five  years 
under  such  rules  and  regulations  as  it  may  prescribe,  or  by  ordin- 
ance to  sell  the  same  to  the  highest  bidder  at  public  sale. 

82.  Matters  in  Charter  Not  to  Impair  Right  of  Couneil  to  Insert 
Other  Matters  in  Franchise. — The  enumeration  and  specification  of 
particular  matters  in  this  Charter  which  must  be  included  in  every 
franchise  or  grant,  shall  never  be  construed  as  impairing  the  right  of 
the  Council  to  insert  in  such  franchise  or  grant,  such  other  and  fur- 
ther matters,  conditions,  covenants,  terms,  restrictions,  limitations, 
burdens,  taxes,  assessments,  rates,  fares,  rentals,  charges,  control, 
forfeitures,  or  any  other  provision  whatever,  as  the  Council  shall 
deem  proper  to  protect  the  interests  of  the  people. 

83.  Revocable  Permits. — Th^  Council  may  grant  a permit  at  any 
time,  in  or  upon  any  street,  alley  or  public  place,  provided  such 
permit  may  be  revocable  by  the  Council  at  its  pleasure  at  any  time, 
whether  such  right  to  revoke  be  expressly  reserved  in  every  permit 
or  not. 


25 


ARTICLE  XIII. 

ELECTIONS. 

84.  General  and  Speeial  Munieipal  Elections. — A municipal 
election  shall  be  held  in  the  City  on  the  first  Tuesday  of  July  in  1909 
and  on  the  first  Tuesday  of  April  in  1911,  and  on  the  first  Tuesday 
in  April  of  every  second  year  thereafter,  and  shall  be  known  as  the 
General  Municipal  election. 

^ I A second  election  shall  be  held  when  necessary  as  provided  in 
Section  104  of  this  Charter,  on  the  second  Tuesday  after  said  Gen- 
eral  Municipal  election  and  shall  _be  known  as  the  Second  General 
Municipal  election.  All  other  municipal  elections  that  may  be  held 
"^by  authority  of  this  Charter  or  of  general  law  shall  be  known  as 
Special  Municipal  elections. 

85.  Registration. — (a)  No  person  shall  be  permitted  to  vote  at 
any  municipal  election,  without  having  been  registered  as  required 
by  the  provisions  of  this  Article. 

{b)  The  Clerk  shall,  as  soon  as  may  be,  after  each  general  State 
election,  secure  from  the  county  clerk  of  El  Paso  County  a certified 
copy  of  the  registration  lists  of  the  electors  of  the  City  registered  for 
that  election. 

(e)  For  municipal  elections  no  new  registration  shall  be  re- 
quired, except  as  hereinafter  provided,  but  any  qualified  elector  of 
the  City  whose  name  is  on  the  registration  lists  used  at  the  then  last 
preceding  general  State  election,  and  who  still  resides  at  the  place 
designated  in  his  said  registration,  shall  be  deemed  properly  regis- 
tered for  any  such  election ; and  additional  registration  and  changes 
in  registration  may  be  made  as  hereinafter  provided. 

(d)  On  the  eleventh  day  preceding  any  municipal  election  the 
Clerk  shall  deliver  to  the  registration  committee  of  each  election 
precinct  the  proper  registration  list,  and  on  the  tenth  day  preceding 
the  election  thus  to  be  held,  or  if  that  day  be  a legal  holiday  or  a 
Sunday,  then  on  the  succeeding  day,  the  registration  committee  for 
each  precinct  shall  sit  from  nine  o’clock,  a.  m.  until  nine  o’clock  p.  m. 
at  some  suitable  place  within  the  precinct  to  be  provided  by  the 
Clerk,  and  shall  place  on  said  registration  lists  the  names  of  all 
qualified  electors  of  that  precinct  who  are  not  registered  and  who 
shall  present  themselves  for  registration  and  comply  with  the  require- 
ments prescribed  by  the  general  registration  laws  of  the  State. 

(e)  Before  any  municipal  election  held  for  any  purpose  any 
qualified  elector  whose  name  does  not  appear  upon  the  registration 
lists  shall  have  the  right  to  have  his  name  placed  upon  such  regis- 
tration lists  by  presenting  himself  for  registration  at  the  office  of 
the  Clerk  between  the  hours  of  eight  o’clock  a.  m.  and  nine  o’clock 
p.  m.  on  the  eighth  day  preceding  the  election  thus  to  be  held,  or  if 
that  day  be  a legal  holiday  or  a Sunday,  then  on  the  succeeding  day, 
and  by  complying  with  the  requirements  prescribed  by  the  general 
registration  laws  of  the  State. 


26 


(/)  Any  qualified  elector  whose  name  appears  upon  said  regis- 
tration list,  but  who  has  removed  from  the  precinct  in  which  he  is 
registered  to  some  other  precinct,  may  appear  before  the  Clerk  at 
any  time  within  five  days  prior  to  any  municipal  election  and,  upon 
making  oath  in  writing  as  to  his  then  present  residence,  said  Clerk 
shall  draw  a line  in  red  ink  through  the  registration  of  such  person, 

making  a note  as  follows:  “Changed , 19.  . to  precinct 

, ward inserting  the  date  and  number  of  precinct  and 

w'ard  therein,  and  shall  register  in  red  ink  such  person  in  the  regis- 
tration list  for  the  precinct  in  which  such  person  then  resides;  and 
a change  of  residence  within  the  same  precinct  may  be  made  in  like 
manner.  The  Clerk  or  deputy  making  such  change  shall  sign  his 
name  in  the  column  provided  for  the  signatures  of  the  registration 
committee,  and  the  person  so  registered  shall  also  sign  his  name  as 
in  the  case  of  an  original  registration. 

(^)  The  registration  committee  and  the  judges  and  the  clerks  of 
election  shall  be  the  same  as  are  now  or  may  hereafter  be  provided 
by  the  general  laws  of  the  State,  except  as  the  Council  may  other- 
wise by  ordinance  provide. 

86.  N ominatioii  and  Election  of  Officers. — The  mode  of  nomina- 
tion and  election  of  all  elective  officers  of  the  City  to  be  voted  for  at 
any  municipal  election  shall  be  as  follows  and  not  otherwise : 

87.  Condition  of  Candidacy. — The  name  of  a candidate  shall  be 
printed  upon  the  ballot  when  a petition  of  nomination  shall  have  been 
filed  in  his  behalf  in  the  manner  and  form  and  under  the  conditions 
hereinafter  set  forth. 

88.  Form  of  Nomination  Petition. — The  petition  of  nomination 
shall  consist  of  not  less  than  twenty-five  individual  certificates,  which 
shall  read  substantially  as  follows : 

PETITION  OF  NOMINATION. 

Individual  Certificate. 

STATE  OF  COLORADO, 

County  of  El  Paso, 

City  of  Colorado  Springs.  J 

I do  hereby  join  in  a petition  for  the  nomination  of 

, whose  residence  is  at  No 

Street,  Colorado  Springs,  for  the 

office  of , to  be  voted  for  at  the  municipal  elec- 
tion to  be  held  in  the  City  of  Colorado  Springs  on  the day 

of , 19.  ...  ; and  I certify  that  I am  a qualified 

elector  and  am  not  at  this  time  a signer  of  any  other  certificate  nom- 
inating any  other  candidate  for  the  above  named  office,  or,  [in  case 
there  are  several  places  to  be  filled  in  the  above  named  office,]  that  I 
have  not  signed  more  certificates  than  there  are  places  to  be  filled  in 

the  above  named  office ; that  my  residence  is  at  No 

Street,  Colorado  Springs. 

27 


1 further  certify  that  J join  in  this  petition  for  the  nomination 
of  the  above  named  person  believing  that  he  has  not  become  a candi- 
date as  the  nominee  or  representative  of  or  because  of  any  promised 
sup])ort  from  any  political  party  or  any  comniittee  or  convention 
representing  or  acting  for  any  political  party. 

(Signed)  

STATE  ()E  COLORADO,  ] 

County  of  Eu  Paso,  }>ss. 

City  of  Colorado  Springs.  J 

being  first  duly  sworn, 

deposes  and  says,  that  he  is  the  person  who  signed  the  foregoing 
certificate  and  that  the  statements  therein  are  true. 

(Signed)  

Suhscribed  and  sworn  to  before  me  this day  of 

y. , 

My  commission  expires 


Notary  Public. 

The  petition  of  nomination  of  which  this  certificate  forms  a part 

shall,  if  found  insufficient,  be  returned  to  

at  No Street,  Colorado  Springs. 

89.  Forms  to  he  Supplied  by  the  Clerk. — It  shall  be  the  duty  of 
the  Clerk  to  furnish  upon  application,  a reasonable  number  of  forms 
of  such  individual  certificates. 

po.  Requirements  of  Certiheate. — Each  certificate  must  be  a sep- 
arate paper.  All  certificates  must  be  of  a uniform  size  as  determined 
by  the  Clerk.  Each  certificate  must  contain  the  name  of  one  signer 
thereto  and  no  more.  Each  certificate  shall  contain  the  name  of  one 
candidate  and  no  more.  In  case  an  elector  has  signed  two  or  more 
conflicting  certificates,  all  such  conflicting  certificates  shall  be  re- 
jected. Each  signer  must  make  oath  to  his  certificate  before  a 
Notary  Public  substantially  in  the  form  prescribed  in  Section  88  of 
this  Charter. 

yi.  Date  of  Presenting  Petition. — A petition  of  nomination,  con- 
sisting of  not  less  than  twenty-five  individual  certificates  for  any  one 
candidate,  may  be  presented  to  the  Clerk  not  earlier  than  thirty  nor 
later  than  twenty  days  before  the  election.  The  Clerk  shall  endorse 
thereon  the  date  upon  which  the  petition  was  presented  to  him. 

92.  Examination  of  Petition  by  Clerk. — When  a petition  of  nom- 
ination is  presented  for  filing  to  the  Clerk,  he  shall  forthwith  examine 
the  same,  and  ascertain  whether  it  conforms  to  the  provisions  of  this 
Article.  If  found  not  to  conform  thereto,  he  shall  then  and  there  in 
writing  designate  on  said  petition  the  defect  or  omission  or  reason 
why  such  petition  cannot  be  filed,  and  shall  forthwith  return  the 
petition  to  the  person  named  as  the  person  to  whom  the  same  shall  be 

28 


returned  in  accordance  with  this  Article.  The  petition  may  then 
he  amended  and  a^i^ain,  but  not  later  than  three  days  after  said  peti- 
tion shall  have  been  returned,  presented  to  the  Clerk,  as  in  the  first 
instance.  The  Clerk  shall  forthwith  proceed  to  examine  the  amended 
])etition  as  hereinbefore  provided. 

93.  Filing  of  Petitions. — If  either  the  original  or  the  amended 
petition  of  nomination  he  found  sufficiently  signed,  as  hereinbefore 
provided,  the  Clerk  shall  file  the  same  forthwith. 

94.  Acceptance  or  W ithdraioal  of  Candidate. — Any  person  nom- 
inated under  this  Article  shall  file  his  acceptance  with  the  Clerk 
within  five  days  from  the  filing  of  the  petition  of  nomination  and 
ill  the  absence  of  such  acceptance  the  name  of  the  candidate  shall 
not  appear  on  the  ballot.  Tn  said  acceptance  he  shall  make  affidavit 
to  the  fact  that  he  has  not  become  a candidate  as  the  nominee  or 
representative  of  or  because  of  any  promised  support  from  any  polit- 
ical party  or  any  committee  or  convention  representing  or  acting  for 
any  political  party.  Any  person  whose  name  has  been  presented 
under  this  Article  as  a candidate  may,  not  later  than  fifteen  days 
before  the  day  of  election,  cause  his  name  to  be  withdrawn  from 
nomination  by  filing  with  the  Clerk  a request  therefor  in  writing, 
and  no  name  so  withdrawn  shall  be  printed  upon  the  ballot. 

95.  Presei'^’ation  of  Petitions. — The  Clerk  shall  preserve  in  his 
office  for  a period  of  two  years  all  petitions  of  nomination  and  all 
certificates  belonging  thereto  filed  under  this  Article. 

96.  Flection  Notices. — The  Clerk  shall,  on  the  tenth  day  before 
the  election,  certify  a list  of  the  candidates  so  nominated  whose 
names  are  entitled  to  appear  on  the  ballot  as  being  the  list  of  can- 
didates nominated  as  required  by  this  Charter,  with  the  offices  to  be 
filled,  and  the  Council  shall  cause  said  certified  list  of  names  and  the 
offices  to  be  filled,  designating  whether  for  a full  or  unexpired  term, 
to  be  published  in  a notice  calling  the  election,  three  successive  days 
before  the  election,  in  not  more  than  two  daily  newspapers  of  general 
circulation  published  in  the  City. 

97.  Form  of  Ballots. — The  Clerk  shall  cause  the  ballots  to  be 
printed,  bound,  numbered,  endorsed  and  authenticated,  as  provided 
by  State  law,  except  as  otherwise  required  in  this  Charter.  The 
Itallots  shall  contain  the  list  of  names  and  the  respective  offices,  as 
published  in  the  election  notice,  and  shall  be  in  substantially  the 
following  form  : 

CxENERAL  (OR  SPECIAL)  MUNICIPAL  ELECTION,  CITY 

OF  COLORADO  SPRINGS.  (Inserting  date  thereof.) 

Instructions  to  \'otkrs:  To  vote,  place  a cross  (X)  mark 

with  ink  in  the  circle  opposite  the  name  of  the  candidate  for  whom 
you  desire  to  vote.  All  distinguishing  marks  are  forbidden  and 
make  the  ballot  void.  If  you  wrongly  mark,  tear  or  deface  this 
ballot,  return  it  to  the  Judges  of  Election  and  obtain  another. 

29 


(j8.  Arrangement  of  OfHees  on  Ballot. — The  offices  to  be  filled 
shall  be  arranged  in  separate  columns  in  the  following  order: 

“For  Mayor  (if  any)  vote  for  one,” 

“For  Councilman  (if  any)  vote  for  (giving  number).” 

99.  Circle  for  Placing  Cross. — Circles  shall  be  provided  at  the 
right  of  the  name  of  each  candidate  wherein  to  place  the  cross. 

100.  Blank  Spaces  for  Additional  Candidates. — Spaces  shall  be 
left  below  the  printed  names  of  candidates  for  each  office  equal  in 
number  to  the  number  to  be  voted  for,  wherein  the  voter  may  write 
the  names  of  any  person  or  persons  for  whom  he  may  wish  to  vote. 

101.  Requirements  of  Ballots. — All  ballots  printed  shall  be  pre- 
cisely of  the  same  size,  quality,  tint  of  paper,  kind  of  type  and  color 
of  ink,  so  that  without  the  number,  it  would  be  impossible  to  distin- 
guish one  ballot  from  another.  Space  shall  be  provided  on  the 
ballot  for  Charter  amendments  or  other  questions  to  be  voted  on  at 
the  municipal  elections,  as  provided  by  this  Charter.  The  names  of 
candidates  for  each  office  shall  be  arranged  in  alphabetical  order. 
Nothing  on  the  ballot  shall  be  indicative  of  the  source  of  the  can- 
didacy or  of  the  support  of  any  candidate.  No  ballot  shall  have 
printed  thereon  any  party  or  political  designation  or  marF  and  there 
shall  not  be  appended  to  the  name  of  any  candidate  any  such  party 
or  political  designation  or  mark,  or  anything  indicating  his  views  or 
opinions. 

102.  Sample  Ballots. — The  Clerk  shall  at  least  five  days  before 
the  election  cause  to  be  printed  five  hundred  sample  ballots,  upon 
paper  of  dififerent  color  but  otherwise  identical  with  the  ballot  to  be 
used  at  the  election  and  shall  distribute  the  same  upon  application  to 
registered  voters  at  his  office. 

103.  First  or  Primary  Election. — In  case  there  is  but  one  person 
to  be  elected  to  an  office,  the  candidate  receiving  a majority  of  the 
votes  cast  for  all  the  candidates  for  that  office  shall  be  declared 
elected ; in  case  there  are  two  or  more  persons  to  be  elected  to 
an  office,  then  those  candidates  equal  in  number  to  the  number  to 
be  elected,  who  receive  the  highest  number  of  votes  for  such  office 
shall  be  declared  elected ; provided,  however,  that  no  person  shall 
be  declared  elected  to  any  office  at  such  first  election  unless  the 
number  of  votes  received  by  him  shall  be  greater  than  one-half  the 
number  of  ballots  cast  at  such  election. 

104.  Second  Election. — As  to  any  office  not  so  filled  by  majority 
vote,  said  first  election  shall  be  deemed  a primary  election  for  the 
nomination  of  candidates  therefor,  and  a second  election  shall  be  held 
to  fill  said  office.  At  said  second  election  the  only  candidates  whose 
names  are  printed  upon  the  ballot  shall  be,  if  for  the  office  of  Mayor, 
the  two  persons  who  at  such  primary  election  received  the  highest 
number  of  votes  therefor,  and,  if  for  the  office  of  Councilman,  those 
persons  not  exceeding  twice  the  number  of  the  office  or  offices  to 
be  filled,  who  at  such  primary  election  received  the  highest  num- 

30 


l)er  of  votes  less  than  a majority  for  such  office;  promded,  however, 
that  any  person,  who  at  such  primary  election  received  the  same 
number  of  votes  (for  such  office)  as  any  person  so  made  a candidate 
for  that  office,  shall  also  he  a candidate  therefor  at  said  second  elec- 
tion, and  that  any  candidacy  at  said  second  election  made' vacant  by 
death,  withdrawal  or  otherwise  shall  be  filled  by  selection  of  the  per- 
son (or  persons  if  more  than  one)  who  at  said  primary  election 
secured  the  next  highest  number  of  votes  less  than  a majority  for  said 
office.  At  said  second  election  the  candidates  receiving  the  highest 
number  of  votes  shall  be  declared  elected. 

105.  Date  of  Second  Election. — The  said  second  election,  if 
necessary  to  be  held,  shall  be  held  two  weeks  after  the  first  election. 

106.  Rules  Governing  Second  Election. — All  the  provisions  and 
conditions  of  this  Article  as  to  the  conduct  of  an  election,  so  far  as 
they  may  be  applicable,  shall  govern  the  second  election,  except  that 
notice  of  election  shall  be  published  once  only,  and  provided  also  that 
the  same  precincts  and  polling  places  shall,  if  possible,  be  used. 

107.  Informalities  in  Election. — No  informalities  in  conducting 
municipal  elections  shall  invalidate  the  same,  if  they  have  been  con- 
ducted fairly  and  in  substantial  conformity  with  the  requirements 
of  this  Charter. 

108.  Statement  of  Expenses  to  he  Filed. — Every  candidate  who 
is  voted  for  at  any  election  held  within  this  City  shall  within  thirty 
days  after  such  election,  file  an  itemized  statement  showing  in  detail 
all  the  moneys  contributed  or  expended  by  him  directly  or  indirectly 
by  himself  or  through  any  other  person  in  aid  of  his  election.  Such 
statement  shall  give  the  names  of  the  various  persons  who  received 
such  money  and  the  specific  nature  of  each  item  and  the  purpose 
for  which  it  was  expended  or  contributed.  There  shall  be  attached 
to  each  statement  an  affidavit  of  such  candidate,  setting  forth  in 
substance  that  the  statement  thus  made  is  in  all  respects  true  and 
that  the  same  is  a full  and  detailed  statement  of  all  moneys  so  con- 
tributed or  expended  by  him. 

109.  Corrupt  Practices. — Any  person  who  shall,  at  any  munici- 
pal election,  violate  any  of  the  State  laws  in  regard  to  corrupt  prac- 
tices, or  who  shall  fail  to  file  a sworn  statement  of  expenses  as  here- 
inabove required,  shall,  upon  conviction  thereof,  be  forthwith  dis- 
qualified from  holding  municipal  office,  position  or  employment  for 
a period  of  two  years,  and  if  such  person  shall  have  been  elected  or 
appointed  to  any  municipal  office,  position  or  employment,  his  con- 
viction of  any  such  violation  shall  ipso  facto  create  a vacancy  therein. 

Action  for  the  enforcement  of  this  provision  may  be  brought  by 
the  City  Attorney,  or  by  any  citizen,  on  behalf  of  the  City. 

no.  Use  of  Carriages  on  Day  of  Election. — No  candidate  for 
any  elective  office  shall  directly  or  indirectly  use  or  cause  to  be  used 
in  aid  .of  his  candidacy  on  the  day  of  any  municipal  election  more 
than  one  carriage  or  other  vehicle  to  aid  voters  to  get  to  the  polling 

31 


places.  Such  carriage  or  other  vehicle  shall  be  used  to  transport 
only  those  voters  who  by  reason  of  illness  or  other  infirmity  are  un- 
able to  go  to  the  polling  places  unless  so  transported.  Any  candi- 
date desiring  to  use  the  one  carriage  or  other  vehicle  above  men- 
tioned shall  not  less  than  one  day  prior  to  the  day  of  election  file  in 
the  office  of  the  Clerk  a statement  of  such  desire  on  his  part  which 
shall  contain  such  a description  of  the  carriage  or  vehicle  he  desires 
to  use  as  will  readily  identify  the  same.  No  other  carriage  or  ve- 
hicle than  the  one  so  described  in  the  said  statement  shall  be  used 
by  the  said  candidate,  or  by  any  committee  or  association  promoting 
his  candidacy  for  the  purpose  of  conveying  voters  to  the  polling 
places  on  the  day  of  election. 

A violation  of  any  of  the  provisions  of  this  section  by  any  can- 
didate shall  disqualify  him  from  holding  the  office  for  which  he  is  a 
candidate. 

Every  elective  officer  of  the  City  shall,  at  the  time  he  takes  the 
oath  of  office,  be  required  to  take  and  subscribe  an  oath  that  he  has 
not  violated  any  of  the  provisions  of  this  section. 

111.  General  Election  Regulations. — The  provisions  of  any 
State  law  now  or  hereafter  in  force  except  as  the  Council  may  other- 
wise by  ordinance  provide  relating  to  the  qualifications  and  registra- 
tion of  electors,  the  manner  of  voting,  the  duties  of  election  officers, 
the  canvassing  of  returns,  and  all  other  particulars  in  respect  to 
the  management  of  elections,  except  as  otherwise  provided  in  this 
Article,  so  far  as  they  may  be  applicable,  shall  govern  all  municipal 
elections ; provided  that  the  Council  shall  meet  as  a canvassing 
board  and  duly  canvass  the  election  returns  within  two  days  after 
any  municipal  election. 

ARTICLE  XIV. 

RECALL  OF  ELECTIVE  OFFICERS. 

1 12.  Applies  to  All  Elective  Officers. — The  holder  of  any  elect- 
ive office  may  be  removed  by  the  qualified  electors  of  the  City.  The 
procedure  to  effect  such  removal  from  office  shall  be  as  follows : 

1 13.  Petition  for  Recall. — A petition  signed  by  electors  quali- 
fied to  vote  for  a successor  to  the  incumbent  sought  to  be  removed 
equal  in  number  to  at  least  thirty  per  centum  of  the  last  preceding 
vote  cast  for  all  candidates  for  Mayor,  demanding  an  election  of  a 
successor  of  said  incumbent  shall  be  addressed  to  the  Council  and 
filed  with  the  Clerk.  The  Council  shall  provide  blank  forms  for 
such  petitions  which  shall  be  kept  by  and  secured  from  the  Clerk. 
The  Clerk,  upon  issuing  such  forms  to  any  person,  shall  enter  the 
name  of  the  person  to  whom  issued,  the  date  of  such  issuance  and 
the  number  of  such  forms  issued  in  a record  to  be  kept  in  his  office 
for  that  purpose,  and  shall  certify  on  each  of  said  forms  under  his 
seal,  the  name  of  the  person  to  whom  issued  and  the  date  of  the 
issuance.  No  petition  shall  be  filed  unless  it  shall  bear  such  cer- 

32 


titicate  of  the  Clerk.  All  petitions  shall  be  returned  and  filed  with 
the  Clerk  within  thirty  days  from  the  issuance  of  such  blank  forms. 
The  petition  shall  contain  a specific  statement  of  the  grounds  upon 
which  the  removal  is  sought.  The  signatures  to  the  petition  need 
not  all  be  appended  to  one  paper,  but  each  signer  shall  add  to  his 
signature  his  place  of  residence,  giving  the  street  and  number.  One 
of  the  signers  of  each  such  paper  shall  make  oath  before  an  officer 
competent  to  administer  oaths,  that  the  statements  contained  therein 
are  true,  and  that  each  signature  appended  to  the  paper  is  the  gen- 
uine signature  of  the  person  whose  name  it  purports  to  be.  All 
papers  composing  said  petition  shall  be  assembled  and  filed  as  one 
instrument,  with  endorsement  thereon  of  the  names  and  addresses 
of  three  persons  designated  as  filing  said  petition.  Provided,  that 
prior  to  the  issuance  of  any  blank  forms  of  petition  for  recall  an 
affidavit  shall  be  made  by  one  or  more  qualified  electors,  which  affi- 
davit shall  state  the  name  of  the  officer  or  officers  sought  to  be  re- 
moved and  the  ground  upon  which  the  removal  is  sought,  and  such 
affidavit  shall  be  filed  with  the  Clerk. 

1 14.  Petition  May  Be  Amended  or  New  Petition  Made. — With- 

in ten  days  from  the  filing  of  said  petition  the  Clerk  shall  ascertain 
by  examination  thereof  and  of  the  registration  books  and  election 
returns  whether  the  petition  is  signed  by  the  requisite  number  of 
qualified  electors,  and  shall  attach  thereto  his  certificate  showing  the 
result  of  such  examination.  He  shall,  if  necessary,  be  allowed  extra 
help  by  the  Council.  ^ 

If  his  certificate  shows  the  petition  to  be  insufficient,  he  shall 
within  said  ten  days  so  notify  in  writing  one  or  more  of  the  persons 
designated  on  the  petition  as  filing  the  same;  and  the  petition  may 
be  amended  at  any  time  within  ten  days  from  the  filing  of  the  certifi- 
cate. The  Clerk  shall  within  ten  days  after  such  amendment  make 
like  examination  of  the  amended  petition  and  attach  thereto  his 
certificate  of  the  result.  If  still  insufficient,  or  if  no  amendment  is 
made,  he  shall  return  the  petition  to  one  of  the  persons  designated 
thereon  as  filing  it,  without  prejudice,  however,  to  the  filing  of  a 
new  petition  for  the  same  purpose. 

1 15.  Election  Under  Recall  Petition,  Unless  Officer  Resigns. — 
If  the  petition  or  amended  petition  shall  be  found  and  certified  by 
the  Clerk  to  be  sufficient,  he  shall  submit  the  same  with  his  certifi- 
cate to  the  Council  without  delay,  and  the  Council  shall,  if  the  officer 
sought  to  be  removed  does  not  resign  within  five  days  thereafter, 
thereupon  order  an  election  to  be  held  on  a Tuesday  fixed  by  it,  not 
less  than  thirty  nor  more  than  forty  days  from  the  date  of  the  Clerk’s 
certificate  that  a sufficient  petition  is  filed ; provided,  however,  that 
if  any  other  municipal  election  is  to  occur  within  sixty  days  from 
the  date  of  the  Clerk’s  certificate,  the  Council  may,  in  its  discretion, 
postpone  the  holding  of  the  removal  election  to  the  date  of  such 
other  municipal  election.  If  vacancy  occur  in  said  office  after  a 
removal  election  has  been  so  ordered,  the  election  shall  nevertheless 
proceed  as  in  this  Article  provided. 

33 


1 1 6.  Candidates — Election. — Any  officer  sought  to  be  removed 
may  be  a candidate  to  succeed  himself,  and  unless  he  requests  other- 
wise in  writing,  the  Clerk  shall  place  his  name  on  the  official  ballot 
without  nomination.  The  nomination  of  other  candidates,  the  pub- 
lication of  notice  of  such  removal  election  and  the  conduct  of  the 
same,  shall  all  be  in  accord  with  the  provisions  of  Article  XIII  hereof, 
relating  to  elections.  In  such  removal  election  the  candidate  re- 
ceiving the  majority  of  all  votes  cast  for  said  office  at  the  first  elec- 
tion, or  if  that  prove  to  be  a primary  election,  then  thd  candidate  re- 
ceiving the  highest  number  of  votes  at  the  second  election  shall  be 
declared  elected.  Said  second  election,  if  necessary,  shall  be  held 
fourteen  days  after  the  first  election. 

1 17.  Incumbent  Removed. — The  incumbent  shall  continue  to 
perform  the  duties  of  his  office  until  the  removal  election.  If  then 
elected,  he  shall  continue  in  office  for  the  balance  of  his  term.  If 
not  then  elected,  he  shall  be  deemed  removed  upon  the  qualification 
of  his  successor,  who  shall  hold  office  during  the  unexpired  term.  If 
the  successor  fail  to  qualify  within  ten  days  after  receiving  notifica- 
tion of  his  election,  the  incumbent  shall  thereupon  be  deemed  re- 
moved and  the  office  vacant.  The  method  of  removal  by  recall  here- 
in provided  for,  shall  be  cumulative  and  additional  to  any  method 
otherwise  provided  in  this  Charter. 

1 18.  No  Recall  Petition  for  First  Six  Months. — No  recall  peti- 
tion shall  be  filed  against  any  officer  until  he  has  actually  held  his 
office  for  at  least  six  months. 

119.  Incapacity  of  Recalled  Officer. — No  person  who  has  been 
removed  from  an  office  by  recall,  or  who  has  resigned  from  such 
office  while  recall  proceedings  were  pending  against  him,  shall  be 
appointed  to  any  office  within  one  year  after  such  removal  by  recall 
or  resignation. 


ARTICLE  XV. 

THE  INITIATIVE. 

120.  Direct  Legislation. — Any  proposed  ordinance  may  be  sub- 
mitted to  the  Council  by  petition  signed  by  qualified  electors  of  the 
City,  equal  in  number  to  the  percentage  hereinafter  required.  The 
procedure  in  respect  of  such  petition  shall  be  the  same  as  provided  in 
Sections  113  and  114  of  this  Charter,  with  such  modifications  as  the 
nature  of  the  case  requires,  except  that  no  blank  forms  shall  be 
furnished  or  preliminary  affidavit  made. 

121.  Fifteen  Per  Centum  Petition. — If  the  petition  accompany- 
ing the  proposed  ordinance  be  signed  by  qualified  electors  equal  in 
number  to  fifteen  per  centum  of  the  last  preceding  vote  cast  for  all 
candidates  for  Mayor,  and  contains  a request  that  said  proposed  or- 
dinance be  submitted  to  a vote  of  the  people,  if  not  passed  by  the 

34 


Council,  the  Council  shall  within  twenty  days  after  the  attachment 
of  the  Clerk's  certificate  of  sufficiency  to  the  accompanying  petition, 
either 

(a)  Pass  said  ordinance  without  alteration,  (subject  to  the 
referendary  vote  under  the  provisions  of  Section  130  of  this 
Charter)  ; or 

(b)  Call  a special  election  unless  a general  municipal  election 
is  fixed  within  ninety  days  thereafter,  and  at  such  special  or  general 
municipal  election  said  proposed  ordinance  shall  be  submitted  with- 
out alteration  to  the  vote  of  the  qualified  electors  of  the  City. 

122.  Five  Per  Centum  Petition. — If  the  petition  be  signed  by 
qualified  electors  equal  in  number  to  at  least  five  per  centum  but  less 
than  fifteen  per  centum  of  the  last  preceding  vote  cast  for  all  candi- 
dates for  Mayor,  and  said  proposed  ordinance  be  not  passed  with- 
out alteration  by  the  Council  within  twenty  days,  as  provided  in  the 
preceding  section,  then  such  proposed  ordinance,  without  alteration, 
shall  be  submitted  by  the  Council  to  electoral  vote  at  the  next  gen- 
eral municipal  election  occurring  not  less  than  thirty  days  thereafter. 

123.  Publication  of  Electoral  Ordinance. — Whenever  any  pro- 
posed ordinance  is  required  by  this  Charter  to  be  submitted  to  the 
voters  of  the  City  at  any  election,  the  Council  shall  cause  said  pro- 
posed ordinance  to  be  published  in  like  manner  as  other  proposed 
ordinances  are  required  to  be  published. 

124.  Election. — The  ballots  used  when  voting  upon  such  pro- 
posed ordinance  shall  contain  the  words:  “For  the  Ordinance" 

(stating  the  nature  of  the  proposed  ordinance)  and  “Against  the 
Ordinance"  (stating  the  nature  of  the  proposed  ordinance.)  If  a 
majority  of  the  qualified  electors  voting  on  said  proposed  ordinance 
shall  vote  in  favor  thereof,  the  same  shall  thereupon  become  an  or- 
dinance of  the  City. 

125.  Several  Ordinances  at  One  Election. — Any  number  of  pro- 
posed ordinances  may  be  voted  on  at  the  same  election,  in  accordance 
with  the  provisions  of  this  Article. 

126.  Limit  to  Special  Elections. — There  shall  not  be  held  under 
this  Article  of  the  Charter,  more  than  one  special  election  in  any 
period  of  twelve  months. 

127.  Repeal  of  Electoral  Ordinance. — The  Council  may  submit 
a proposition  for  the  repeal  or  amendment  of  any  ordinance  so 
adopted  by  electoral  vote,  to  be  voted  upon  at  any  succeeding  gen- 
eral municipal  election,  and  should  such  proposition  so  submitted  re- 
ceive a majority  of  the  votes  cast  thereon  at  such  election,  such  ordi- 
nance shall  be  repealed  or  amended  accordingly.  An  ordinance  so 
adopted  by  electoral  vote,  cannot  be  repealed  or  amended  except  by 
electoral  vote. 

128.  Further  Regulations. — The  Council  may,  by  ordinance, 
ir.ake  such  further  regulations  as  it  may  deem  necessary  to  carry  out 
the  provisions  of  this  Article. 


3.S 


ARTICLE  XVI. 
THE  REFERENDUM. 


129.  Mode  of  Protesting  Against  Ordinances. — No  ordinance 
passed  by  the  Council  shall  go  into  effect  before  ten  days  from  the 
time  of  its  final  passage,  except  ordinances  making  tax  levy  or  ap- 
propriation, or  in  respect  of  a parking  or  paving  district,  and  ex- 
cepting also  any  ordinance  for  the  immediate  preservation  of  the 
public  peace,  health  or  safety,  which  contains  a statement  of  its 
urgency.  If,  during  said  ten  days,  a petition  signed  by  qualified 
electors  of  the  City  equal  in  number  to  at  least  fifteen  per  centum  of 
the  last  preceding  vote  cast  for  all  candidates  for  Mayor  be  pre- 
sented to  the  Council,  protesting  against  the  going  into  effect  of 
such  ordinance,  the  same  shall  thereupon  be  suspended  from  going 
into  effect,  and  it  shall  be  the  duty  of  the  Council  to  reconsider  such 
ordinance,  and  if  the  same  be  not  entirely  repealed,  the  Council  shall 
submit  the  ordinance,  as  is  provided  in  Article  XV  of  this  Charter, 
to  a vote  of  the  qualified  electors  of  the  City,  either  at  the  next 
general  municipal  election  or  at  a special  election  to  be  called  for 
that  purpose,  and  such  ordinance  shall  not  go  into  effect  unless  a 
majority  of  the  qualified  electors  voting  on  the  same  shall  vote  in 
favor  thereof.  The  procedure  in  respect  of  such  petition  shall  be 
the  same  as  provided  in  Sections  113  and  114  of  this  Charter,  with 
such  modifications  as  the  nature  of  the  case  requires,  except  that  no 
blank  forms  shall  be  furnished  or  preliminary  affidavit  made. 

130.  Reference  by  the  Council. — The  Council  may,  of  its  own 
motion,  submit  to  electoral  vote  for  adoption  or  rejection  at  a gen- 
eral or  special  municipal  election  any  proposed  ordinance  or  measure 
in  the  same  manner  and  with  the  same  force  and  effect  as  is  pro- 
vided in  Article  XV.  If  the  provisions  of  two  or  more  proposed 
ordinances  or  measures  adopted  or  approved  at  the  same  election 
conflict,  then  the  ordinance  or  measure  receiving  the  highest  affirma- 
tive vote  shall  control.  . 

13 1.  Further  Regulations. — The  Council  may,  by  ordinance, 
make  such  further  regulations  as  it  may  deem  necessary  to  carry  out 
the  provisions  of  this  Article. 

ARTICLE  XVII. 

OFFICERS,  EMPLOYES  AND  SALARIES. 

132.  Officers — Employes. — The  Mayor,  Councilmen  and  Police 
Magistrate  shall  be  the  officers  of  the  City.  All  other  persons  in  the 
service  of  the  City,  or  of  any  commission  or  board  thereof,  are  here- 
by declared  to  be  employes.  Except  as  herein  otherwise  provided 
the  Council  shall  by  ordinance  fix  the  compensation  of  salaried  em- 
ployes, and  until  such  compensation  has  been  fixed  by  ordinance,  as 
aforesaid,  the  same  shall  remain  as  now  provided. 

36 


133-  Office  Hours. — It  shall  be  the  duty  of  the  Mayor  and  each 
Councilman  to  maintain  regular  office  hours  at  the  City  Hall. 

134.  Salary  of  Mayor. — The  salary  of  the  Mayor  shall  be 
Thirty-six  Hundred  Dollars  ($3,600.00)  per  annum,  of  which 
Eighteen  Hundred  Dollars  ($1,800.00)  shall  be  charged  to  the  De- 
partment of  Water  and  Water  Works.  Said  salary  shall  be  pay- 
able in  equal  monthly  installments. 

135.  Salary  of  Councilmen. — The  salary  of  each  Councilman 
shall  be  Two  Thousand  Dollars  ($2,000.00)  per  annum,  payable  in 
equal  monthly  installments. 

136.  Removal  Terminates  Salary. — In  case  of  removal  of  any 
officer  or  employe  his  right  to  salary  shall  thereupon  cease. 

137.  Appointment  of  Clerk  and  Attorney. — A City  Clerk  shall 
be  appointed  by  the  Council.  A City  Attorney  shall  be  appointed  by 
the  Mayor,  subject  to  confirmation  by  the  Council. 

138.  Treasurer — Auditor. — The  positions  of  Treasurer  and 
Auditor  shall  continue  with  the  powers,  duties  and  compensation  as 
now  established  by  law,  subject  to  the  provisions  of  this  Charter, 
until  the  Council  shall  by  ordinance  otherwise  provide. 

139.  Oaths. — Every  officer  shall,  before  he  enters"  upon  the 
duties  of  his  office,  take,  subscribe  and  file  with  the  Clerk  an  oath 
or  affirmation  to  support  the  Constitution  of  the  United  States  and 
the  Constitution  of  the  State  of  Colorado,  and  to  faithfully  perform 
the  duties  of  the  office  upon  which  he  shall  be  about  to  enter. 

140.  Bonds. — If  any  officer  or  employe  is  required  by  law  or  by 
ordinance  to  give  bond,  he  shall  not  be  deemed  qualified  for  his 
office  or  employment  until  such  bond  has  been  duly  approved  and 
filed. 

All  such  bonds  must  be  approved  by  the  Mayor,  who  shall  have 
the  custody  thereof. 

A reasonable  charge  by  a Surety  Company  for  qualifying  upon 
such  bond  shall,  when  approved  by  the  Mayor,  be  paid  by  the  City. 

141.  Receive  No  Commissions,  Profits,  Free  Tickets,  Etc. — No 
officer  or  employe  shall  receive  any  commission,  money  or  thing 
of  value,  or  derive  any  profit,  benefit  or  advantage,  direct  or  indirect, 
from  or  by  reason  of  any  dealings  with  or  services  for  the  City  by 
himself  or  by  others,  or  from  or  by  reason  of  any  alterations,  im- 
provements or  repairs  required  by  authority  of  the  City,  except 
his  lawful  compensation  as  such  officer  or  employe,  and  his  share  of 
the  public  benefit. 

No  officer  or  employe  shall  accept,  directly  or  indirectly,  from 
the  holder  of  any  public  utility  franchise  in  the  City,  any  frank, 
free  ticket,  free  service,  or  other  service  upon  terms  more  favorable 
than  those  granted  to  the  public  generally.  This  prohibition  shall 

37 


not  extend  to  transportation  of  firemen  and  policemen  in  uniform 
while  in  actual  discharge  of  their  duties. 

Violation  of  this  section  shall  be  a misdemeanor  and  a ground 
for  removal. 

142.  Religious  or  Political  Opinions  Not  Affect  Appointment. 
— No  appointment  to  position  under  the  City  government  shall  be 
made  or  be  withheld  by  reason  of  any  religious  or  political  opinions 
or  affiliations  or  political  services,  and  no  appointment  to  or  selec- 
tion for  or  removal  from  any  office  or  employment,  and  no  transfer, 
promotion,  reduction,  reward  or  punishment  shall  be  in  any  manner 
afifected  by  such  opinions,  affiliations  or  services. 

143.  Official  Books,  Records,  Etc. — (a)  All  books,  records  and 
papers  of  every  office,  department,  board  or  commission  are  City 
property  and  must  be  kept  as  such  by  the  proper  officers  or  employes 
during  their  continuance  in  office  and  then  delivered  to  their  suc- 
cessors, who  shall  give  duplicate  receipts  therefor,  one  of  which 
shall  be  filed  with  the  Clerk.  The  failure  to  deliver  such  books, 
records  and  papers  shall  be  a misdemeanor. 

{b)  Certified  copies  or  extracts  from  the  books,  records  and 
files  shall  be  given  by  the  officer,  board,  commission  or  employe  hav- 
ing the  same  in  custody,  to  any  person  demanding  the  same  and 
paying  for  such  copies  or  extracts,  but  the  records  of  the  Police  De- 
partment shall  not  be  subject  to  inspection  or  copy  without  permis- 
sion of  the  Mayor. 

(c)  All  equipments,  collections,  models,  materials,  instruments, 
tools  and  implements  which  are  collected,  maintained,  used  or  kept 
by  the  City  or  by  any  department,  board  or  commission,  shall  be 
City  property,  and  be  duly  turned  over  by  the  custodian  thereof  to 
his  successor,  or  duly  accounted  for. 

144.  Payment  of  Debts. — Failure  of  any  officer  or  employe  to 
promptly  pay  any  indebtedness  contracted  by  him  while  in  the 
service  of  the  City  shall  be  ground  for  his  removal. 

145.  Attend  to  Dufies. — All  persons  holding  any  office  or  em- 
ployment under  the  City,  whether  elective  or  appointive,  shall  be  re- 
quired to  engage  in  the  actual  work  of  the  office  or  employment  so 
held,  to  the  extent  that  their  services  may  be  necessary  for  the  full 
and  complete  discharge  of  the  duties  of  said  office  or  employment, 
and  a failure  so  to  do  shall  be  ground  for  removal. 

CITY  ATTORNEY. 

146.  Duties. — The  City  Attorney  shall  conduct  all  cases  in 
Court  in  this  State  wherein  the  City  shall  be  party  plaintiff  or  de- 
fendant, or  a party  in  interest.  He  shall  be  the  legal  adviser  of  the 
Mayor,  Council,  Commissions,  and  heads  of  departments,  in  relation 
to  their  duties,  and  shall  perform  such  other  duties,  not  inconsistent 
herewith,  as  may  be  required  of  him  by  ordinance.  He  shall  receive 
such  salarv  as  the  Council  bv  ordinance  shall  prescribe. 

38 


147-  Assistants. — The  attorney,  with  the  consent  of  the  Council, . 
may  employ  an  assistant,  who  shall  receive  such  salary  as  the  Coun- 
cil by  ordinance  shall  prescribe. 

The  Council  may  also,  at  any  time,  employ  other  counsel,  to 
take  charge  of  any  litigation  or  to  assist  the  attorney,  whose  com- 
pensation shall  be  fixed  by  the  Council  at  the  time  of  employment. 

ARTICLE  XVIIL 

CIVIL  SERVICE. 

148.  Commission. — There  is  hereby  established  a Civil  Service 
Commission  consisting  of  three  members  who  shall  serve  without 
compensation. 

The  Council  first  elected  after  the  adoption  of  this  Charter  shall, 
as  soon  as  practicable  thereafter,  appoint  one  member  of  said  Com- 
mission to  serve  for  two  years,  another  member  to  serve  for  four 
years  and  a third  member  to  serve  for  six  years.  Biennially  there- 
after, one  member  shall  be  appointed  by  the  Council  to  take  the 
place  of  the  member  whose  term  shall  next  expire,  so  that  one  mem- 
ber shall  be  appointed  every  two  years  to  serve  for  a period  of  six 
years.  If  a vacancy  shall  occur  in  the  Commission,  it  shall  be  filled 
by  appointment  by  the  Council  for  the  unexpired  term. 

149.  Commission  Make  Rules. — The  Commission  shall,  with 
the  approval  of  the  Council,  make  such  rules  and  regulations  for  the 
proper  conduct  of  its  business,  as  it  shall  find  necessary  or  expedient. 
The  Commission  shall,  among  other  things,  provide  for  the  classifi- 
cation of  all  employments  in  the  Department  of  Public  Safety  and 
in  the  Department  of  Public  Works  and  Property,  for  open,  com- 
petitive and  free  examinations  as  to  fitness ; for  an  eligible  list  from 
which  vacancies  shall  be  filled ,'  for  a period  of  probation  before  em- 
ployment is  made  permanent;  and  for  promotion  on  the  basis  of 
merit,  experience  and  record. 

150.  Council  Give  Further  Powers. — The  Council  whenever 
requested  by  the  Commission  may  by  ordinance  confer  upon  the 
Commission  such  other  or  further  rights,  duties  and  privileges  as 
may  be  necessary  adequately  to  enforce  and  carry  out  the  principles 
of  Civil  Service. 

ARTICLE  XIX. 

GENERAL  PROVISIONS. 

1 5 1.  Present  Form  of  Government  Continue  Until. — Except  as 
otherwise  in  this  Article  provided,  the  form  of  government  exist- 
ing in  the  City  of  Colorado  Springs  at  the  time  of  the  adoption  of 
this  Charter  shall  continue  unaltered,  and  all  officers  and  other  per- 
sons in  the  service  of  the  City  at  the  time  this  Charter  takes  effect, 
shall  continue  to  serve  as  such  and  to  receive  the  compensation 
therefor  now  provided  by  law  or  by  ordinance,  and  to  have  and  ex- 
ercise the  powers,  authority  and  jurisdiction  theretofore  possessed 

39 


by  them  respectively,  until  the  elective  officers  first  elected  hereunder 
shall  have  qualified.  Upon  such  qualification  of  said  elective  officers 
hereunder,  the  term  of  office  of  every  officer  or  other  person  in  the 
service  of  the  City  at  the  time  this  Charter  takes  effect  shall  im- 
mediately cease  and  determine.  Thereafter  all  of  said  offcers  (ex- 
cept the  Mayor  and  aldermen)  and  all  of  said  other  persons  in  the 
service  of  the  City  at  the  time  this  Charter  takes  effect  shall  continue 
to  draw  compensation  at  the  same  rate,  and  to  exercise  like  powers, 
authority  and  jurisdiction  as  theretofore,  until  replaced,  or  until 
the  Council  shall  otherwise  provide. 

152.  Duty  of  Present  Officers  as  to  Elections. — It  shall  be  the 
duty  of  the  Mayor,  the  City  Council  and  the  City  Clerk  in  office 
when  this  Charter  takes  effect,  to  comply  with  all  requirements  of 
Article  XIII  of  this  Charter  relating  to  Elections,  to  the  end  that 
all  things  may  be  done  necessary  to  the  nomination  and  election  of 
the  officers  first  to  be  elected  under  this  Charter. 

153.  Present  Ordinances  Continue  in  Force. — All  laws,  ordin- 
ances, resolutions,  by-laws,  orders,  rules,  or  regulations  in  force  in 
the  City  of  Colorado  Springs  at  the  time  this  Charter  takes  effect, 
and  not  inconsistent  with  the  provisions  of  this  Charter,  whether 
enacted  by  the  authority  of  the  City  or  by  any  other  authority,  shall 
continue  in  full  force  and  effect,  until  the  Council  otherwise  by 
ordinance  provides,  notwithstanding  any  change  of  organization  ef- 
fected by  this  Charter. 

154.  Penalty  for  Violation. — Any  person  who  shall  violate  any 
of  the  provisions  of  this  Charter  for  the  violation  of  which  no  pun- 
ishment has  been  provided  herein,  shall  be  deemed  guilty  of  a mis- 
demeanor, and  upon  conviction  thereof,  shall  be  punished  by  a fine 
not  exceeding  one  hundred  dollars  ($100)  or  by  imprisonment  in 
the  City  jail  not  exceeding  three  (3)  months,  or  by  both  such  fine 
and  imprisonment. 

155.  Definition  of  Misdemeanor. — The  term  “misdemeanor”  as 
used  in  this  Charter,  shall  mean  a violation  thereof,  or  of  any  ordin- 
ance, of  which  the  Police  Court  or  Magistrate  shall  have  jurisdiction, 
and  shall  not  have  the  meaning  attached  to  it  in  Chapter  XXXV 
entitled  “Crimes,”  Revised  Statutes  of  Colorado,  1908. 

156.  Continuing  Bonds,  Etc. — All  official  bonds,  recognizances, 
obligations,  contracts  and  all  other  instruments  entered  into  or  ex- 
ecuted by  or  to  the  City  before  this  Charter  takes  effect,  and  all 
taxes,  fines,  penalties  and  forfeitures  due  or  owing  to  the  City,  and 
all  writs,  prosecutions,  actions  and  causes  of  action,  except  as  herein 
otherwise  provided,  shall  continue  and  remain  unaffected  by  this 
Charter. 

157.  Submission  of  Charter  Amendments.  — Nothing  herein 
contained  shall  be  construed  as  preventing  the  submission  to  the 
people  of  more  than  one  Charter  amendment  or  measure  at  any  one 
election. 

158.  Reservation  of  Power. — The  power  to  supersede  any  law 

40 


of  this  State,  now  or  hereafter  in  force,  insofar  as  it  applies  to  local 
or  municipal  matters,  shall  be  reserved  to  the  City,  acting  by 
ordinance. 

Done  in  Convention,  at  the  Council  Chamber  in  the  City  Hall 
in  the  City  of  Colorado  Springs,  Colorado,  this  twentieth  day  of 
March,  in  the  year  of  our  Lord  one  thousand  nine  hundred  and  nine, 
' and  of  the  Independence  of  the  United  States  of  America,  the  one 
hundred  and  thirty-third. 

In  Witness  Whereof,  We  have  hereunto  subscribed  our 
names. 

HARRY  H.  SELDOMRIDGE, 

President. 

JAMES  J.  EUBANK, 

Vice-President, 
EDWARD  C.  SHARER, 

WILLIAM  M.  BANNING, 

JACOB  BISHOFF, 

WILLARD  N.  BURGESS, 
FRANK  F.  GASTELLO, 
WILLIAM  J.  CHINN, 

THOS.  J.  FISHER, 

JOSEPH  B.  FOWLER, 

M.  C.  GILE, 

OLIVER  P.  GRIMES, 

HENRY  C.  HALL, 

JOHN  M.  HARNAN, 

HENRY  W.  HOAGLAND, 

P.  M.  KISTLER, 

HORACE  G.  LUNT, 

THOMAS  F.  McCAFFERY, 
MYER  S.  RAFIELD, 

WILLIAM  H.  SPURGEON, 
EDGAR  I.  ULLRICH. 


41 


INDEX 

TO 

COLORADO  SPRINGS  CHARTER 


Page 

A 

Articles  I to  XIX.  Inclusive — Contents 4 

Article  I.  Name,  Boundaries.  Powers,  Rights  and  Liabilities  5 

Article  II.  Elective  Officers  6 

Article  III.  The  Council  7 

Article  IV.  Mayor  9 

Article  V.  Executive  and  Administrative  Departments  ii 

Article  VI.  Department  of  Water  and  Water  Works  12 

Article  VII.  Department  of  Finance  13 

Article  VIII.  Department  of  Public  Safety  16 

Article  IX.  Department  of  Public  Works  and  Property 17 

Article  X.  Department  of  Health  and  Sanitation 17 

Article  XI.  Commissions  and  Boards  18 

Article  XII.  Franchises  and  Public  Utilities  18 

Article  XIII.  Elections  26 

Article  XIV.  Recall  of  Elective  Officers  32 

Article  XV.  The  Initiative  34 

Article  XVI.  The  Referendum  36 

Article  XVII.  Officers,  Employes,  Salaries  36 

Article  XVIII.  Civil  Service  39 

Article  XIX.  General  Provisions  39 

Amendment  of  Ordinances 8 

Appointments — Vote  of  Council 9 

Authority  of  Mayor 9 

Administrative  and  Executive  Departments ii 

Distribution — Department  of  Water  and  Water  Works ii 

Department  of  Finance  ii 

Department  of  Public  Safety  ii 

Department  of  Public  Works  and  Property ii 

Department  of  Public  Health  and  Sanitation ii 

Council  Assign  Duties  ii 

Commissioners  of  Departments  ii 

Council  May  Change  Designation  ii 

Commissioner  Employ  or  Discharge  Day  Laborers  ii 

Adoption  of  Existing  Law  13 

Assessment — Certificate  of  13 

Action  on  Mayor’s  Budget  14 

Appropriations  15 

Appropriations — (No  Liability  Without  .Appropriation)  15 

Appropriation.s — (Special  for  1909)  15 

Assistants  and  Employes — Health  Department  17 

Assistants  and  Emi')loycs — Health  Department — Qualifications  ....  18 

42 


Page 

Arrest — Power  of  Health  Department i8 

Acceptance  of  Candidate  29 

Arrangement  of  Offices  on  Ballots  30 

Applies  (Recall)  to  All  Elective  Officers  32 

Attorney  and  Clerk — Appointment  of  ' 37 

Auditor  and  Treasurer — Duties,  etc 37 

Attend  to  Duties — Officials  and  Employes  38 

Attorney  (City) — Duties  38 

Attorney — Assistants  39 

B 

Boundaries  of  City  5 

Bonds — Water — Duty  of  Commissioner  12 

Budget  (Mayor’s)  14 

Budget — Action  on  Same  14 

Bonds — Refunding — Sections  6687  to  6694  of  Colorado  Statutes  of 

1908,  continued  in  force  16 

Board  of  Directors — Public  Library  to  Continue  18 

Books  of  Record  and  Reference  in  regard  to  Franchises  22 

Books  of  Account — Examination  in  regard  to  Public  Utilities  23 

Ballots — Form  of  29 

Ballots — Arrangement  of  Offices  30 

Circle  for  Placing  Cross  30 

Blank  Spaces  for  Additional  Candidates  30 

Requirements  30 

Samples  30 

Bonds  of  Officers  and  Employes  37 

Books — Records  (Official),  etc 38 

Bonds — Contracts — Official  Instruments  to  Continue  40 

C 

City  Named  5 

Boundaries — Powers — Rights — Liabilities  5 

Council — 7 

Legislative  Powers  '7 

President  and  A^ice-President  of  Council  - 7 

Judge  of  Their  Election  7 

Restrictions  upon  Members  of  Council  7 

Rules  of  Council  7 

Aleetings  of  Council  7 

Ordinances  and  Resolutions  8 

Publication  of  Ordinances  Adopted  8 

Amendment  or  Repeal  8 

Ordinances  Granting  Franchises  8 

Record  of  Ordinances  8 

Proof  of  Ordinances  8 

Publication  of  Charter  and  Ordinances  9 

Power  to  Establish  Offices  .* 9 

Statements  9 

Vote  of  Council  on  Appointments  9 

Council  Assign  Duties  ' il 

Commissioners  of  Departments  ii 

Council  May  Change  Designation  ii 

Commissioner  Employ  or  Discharge  Da}-  Laborers  ii 

Commissioner  of  Water  Administer  Department  12 

Commissioner  Fix  Rate  for  Water  12 

43 


Page 

Council  Impose  Water  Fines  12 

Commissioner  of  Water — Duty  in  regard  to  Bonds  12 

Certificate  of  Assessment  13 

Collection  of  Taxes  16 

City  Indebtedness — Limitation  16 

Council  Establish  Police  and  Fire  Departments  16 

Commissioner  Have  Supervision  of  Departments  16 

Commissioner  Have  Supervision  of  Public  Works 17 

Contagious  Diseases  to  Be  Reported  18 

Council  Make  Ordinances  in  regard  to  Health  ^ 18 

Commissions  and  Boards  ' 18 

Park  Commission  to  Continue  18 

Board  Directors  of  Public  Library  to  Continue  18 

Compensation  for  Franchises,  etc 24 

City  May  Purchase  Plants  Operated  under  Franchise  24 

Charter — Not  to  Keep  City  from  Inserting  Other  Matters  in  Fran- 
chises, etc 25 

Condition  of  Candidacy  27 

Clerk  to  Supply  Blanks  for  Nomination  28 

Certificate  of  Nomination — 28 

Requirements  28 

Clerk  to  Examine  28 

Filing  29 

Candidates’  Acceptance  or  Withdrawal  29 

Circle  for  Placing  Cross  30 

Candidates — Blank  Spaces  for  Additional  Candidates  30 

Corrupt  Practices  in  regard  to  Elections  31 

Carriages — Use  of  on  Election  Day  31 

Candidates— Election — Under  Recall  34 

Clerk  and  Attorney — Appointment  of  37 

Councilmen — Salary,  etc 37 

Commissions — Free  Tickets — Profits,  etc.  37 

City  Attorney — Duties  38 

Assistants  39 

Civil  Service — Commission  39 

Commission  Make  Rules  39 

Council  Give  Further  Powers  39 

Continue  in  Force — Present  Ordinances,  Bonds,  Contracts,  etc 40 

Charter  Amendments — Submission  of  40 


D 


Duties  of  Mayor  

Distribution  of  Power,  etc 

Duties — Council  to  Assign  • 

Departments — Commissioners  of  

Designation — Council  May  Change  

Discharge  Day  Laborers — Commissioners  May  

Department  of  Water  an  Entity  

Department  of  Water  Administered  by  Commissioner 

Duty  of  Water  Commissioner  in  regard  to  Bonds 

Debt  of  City — Limitation  

Duty  of  Physicians  and  Householders  

Date  of  Second  Election  

Direct  Legislation  

Debts  to  be  Paid  by  Officials  and  Employes  

Duties — Attend  to  Same  

Duty  of  Present  Officers  as  to  Elections  

Definition  of  “Misdemeanor”  


9 


II 

II 

II 

II 

11 

12 
12 
12 
16 
18 
31 

34 


38 

38 

40 

40 


44 


Page 

E 

Employes — Officers — Members  2 

Elective  Officers — Terms — Qnalibcations  • 6 

Vacancy  6 

Removal 7 

Executive  and  Administrative  Departments  ii 

Distribution — Department  of  Water  and  Water  Works  ii 

Department  of  Finance  ii 

Department  of  Public  Safety  ii 

Department  of  Public  Works  and  Property  ii 

Department  of  Public  Health  and  Sanitation  ....  ii 

Council  Assign  Duties  ii 

Commissioners  of  Departments  ii 

Council  May  Change  Designation  ii 

Commissioner  Employ  or  Discharge  Day  Laborers  ' ii 

Entity — Department  of  Water  and  Water  Works  12 

Emergency  Warrants  in  Water  Department 13 

Existing  Law  Adopted  13 

Estimates  of  Expense  . ^ 14 

Exclusive  Franchises  Not  Granted  20 

Extension  of  Franchises — None,  Except  20 

Elections — General  and  Special  Municipal  26 

Registration  26 

Nomination  and  Election  of  Officers  27 

Condition  of  Candidacy  27 

Form  of  Nomination  Petition  27 

Forms  to  be  Supplied  by  Clerk  28 

Requirement  of  Certificate  28 

Date  of  Presenting  Petition  28 

Examination  of  Petition  by  Clerk  28 

Filing  of  Petitions  29 

Acceptance  or  Withdrawal  of  Candidate  29 

Preservation  of  Petitions  .^.  29 

Election  Notices  29 

Form  of  Ballots  29 

Arrangement  of  Offices  on  Ballot  30 

Circle  for  Placing  Cross  30 

Blank  Spaces  for  Additional  Candidates  30 

Requirements  of  Ballots  30 

Sample  Ballots  30 

First  or  Primary  Election  30 

Second  Election  30 

Date  of  Second  Election  31 

Rules  Governing  Second  Election  31 

Informalities  in  Election  ' 31 

Statement  of  Expenses  to  be  Filed  31 

Corrupt  Practices  31 

Use  of  Carriages  on  Day  of  Election  31 

General  Election  Regulations  32 

Election  Under  Recall  Petition,  Unless  Officer  Resigns  33 

Election — Candidates — Under  Recall  34 

Election — Ordinance  by  Initiative  35 

Election — Several  Ordinances  at  One  Election  35 

Elections  (Special) — Limited  35 

Electoral  (Ordinance — Publication  of  35 

Repeal  of  35 

Further  Regulations  35 

Employes — Officers — Salaries,  etc.  (See  “O”)  36 

Elections — Duty  of  Present  Officers  in  regard  to  40 

45 


Page 

F 

Franchise  Ordinances  8 

Fines  in  Water  De])artnient— Fixed  by  Council  12 

Finance  Department—  13 

Fiscal  and  Calendar  Year — Same 13 

Public  Moneys  • 13 

Adoption  of  Existing  Law  13 

Certificates  of  Assessment  ^ 13 

Estimates  of  Expense  ' 14 

Mayor’s  Budget  14 

Action  on  Budget  14 

Levy  . . 14 

Appropriations  15 

No  Liability  Without  Appropriation  15 

Special  Appropriation  for  1909  15 

Collection  of  Taxes  16 

Limitation  of  City  Debt  16 

Special  Statutes  Continued  in  force  in  regard  to  Sidewalks  and 

Bonds  16 

Fire  and  Police  Departments  Established  by  Council  16 

Fire  and  Police  Departments — Relief  Funds  17 

Franchises  and  Public  Utilities  18 

Franchise  Granted  upon  Vote  18 

Franchise  Specify  Streets  19 

Power  to  Regulate  Rates  and  Fares  19 

Ordinance  (Franchise)  in  Plain  Terms  19 

Issuance  of  Stock  19 

License  Tax  . 19 

Special  Privileges  (free  transportation  while  on  duty)  to  Mail 

Carriers,  Policemen  and  Firemen  19 

Railroads  to  Elevate  or  Lower  Tracks  20 

Franchise  Provide  for  Safety,  etc 20 

Oversight  of  Franchise  for  Use  of  Water — Reserved  to  City  ...  20 

No  Exclusive  Franchise — Renewal  20 

No  Franchise  Leased,  Except  20 

No  Extension  or  Enlargement  of  F^ranchise,  Except  20 

Provisions  for  Common  Use  of  Tracks,  Poles,  etc 21 

Mayor  Maintain  General  Supervision — Reports — Inspection  ...'.  21 

Books  of  Record  and  Reference  22 

Books  of  Account — Examination  23 

Term  Not  More  than  25  Years — Compensation  24 

City  May  Purchase— Procedure  24 

Charter  not  Impair  Right  of  Council  to  Insert  Other  Matters 

in  Franchises  25 

Revocable  Permits  25 

Forms  (Nomination  Petitions)  to  be  Supplied  by  Clerk  28 

Form  of  Ballots  29 

First  or  Primary  Election  30 

Filing  of  Statement  of  Election  Expenses  31 

Fifteen  per  centum  Petition  (Initiative)  34 

Five  per  centum  Petition  (Initiative)  35 

Further  Regulations  in  regard  Electoral  Ordinance  35 

Free  Tickets — Commissions,  Profits,  etc 37 

G 

General  and  Special  Municipal  Elections  26 

General  Election  Regulations  32 

46 


Page 

General  Provisions  of  Charter  39 

Present  Form  of  Government  to  continue,  Until  39 

Duty  of  Present  Officers  as  to  Elections  40 

Present  Ordinances  Continue  in  force  40 

Penalty  for  Violation  40 

Definition  of  Misdemeanor  40 

Continuing  Bonds,  Contracts,  etc 40 

Submission  of  Charter  Amendments  40 

Reservation  of  Power  40 

Signatures  of  Charter  Convention  Members  41 

H 

Health  and  Sanitation — Department  of 17 

Assistants  and  Employes  17 

Qualifications  of  Health  Officer  17 

Qualifications  of  Assistants  18 

Power  of  Arrest  18 

Duty  of  Physicians  and  Householders  18 

Council  Make  Ordinances  18 

I 

Infectious  Diseases  to  be  reported  18 

Issuance  of  Franchise  Stock  19 

Inspection  of  Public  Utilities,  etc ^ 21 

Informalities  in  Elections  31 

Incumbent  Removed — Under  Recall  34 

Incapacity  of  Recalled  Officer  34 

Initiative  ! 34 

Direct  Legislation  34 

Fifteen  per  centum  Petition  34 

Five  per  centum  Petition  35 

Publication  of  Electoral  Ordinance  *.  35 

Election  . 35 

Several  Ordinances  at  one  Election  35 

Limit  to  Special  Elections  ..  35 

Repeal  of  Electoral  Ordinance  35 

Further  Regulations  35 

J 

Judge  of  Their  Elections — Council  7 

Jurisdiction  of  Police  Court  17 

L 

Liabilities  of  City — Powers — Rights  5 

Legislative  Powers  of  Council  7 

Laborers,  Day — Commissioner  may  Employ  or  Discharge  ii 

Law — Adoption  of  Existing  Law  in  Regard  to  Taxes,  etc 13 

Levy  14 

Limitation  of  City  Indebtedness  16 

Law  Now  Existing,  to  Apply  in  Police  Court 17 

Library  (Public)  Board  to  Continue  18 

License  Tax  on  Franchises  19 


47 


Lease  of  Franchises — None.  Except 

Legislation — Direct  

Limit  to  Special  Elections  


Page 
. 20 

• 34 

• 35 


M 


Members — Officers — Employes  2 

Meetings  of  Council  7 

Mayor — Duties — Authority — Powers  g 

Mayor — Veto  Power  n 

Moneys — Public  13 

Mayor’s  Budget  14 

Mail  Carriers,  et  al. — Franchises  to  allow  them  to  ride  free  when 

on  actual  duty  19 

Mayor  to  have  General  Supervision  of  all  Public  Utility  Companies  21 

Misdemeanors  40 

Members  of  Charter  Convention — Signatures  41 


N 


Name  of  City  5 

Nomination  of  Officers  27 

Nomination  Petition  27 

Nomination  Certificate — Requirements  : 28 

Nomination  Petition — Date  of  Presentation  28 

Clerk  to  Examine  28 

Filing < 29 

Notice  of  Election  29 

No  Recall  Petition  for  First  Six  Months  34 


O 


Officers — Employes — Members  

Officers,  Elective — Terms,  Qualifications,  Vacancy  

Removal  t 

Ordinances  and  Resolutions  

Ordinances  Adopted — Publication  of  

Granting  Franchises  

Record  of  

Proof  of  

And  Charter — Publication  of  

Offices — Power  to  Establish  ^ 

Ordinances  in  regard  to  Health — Council  to  make  ... 

Ordinances — Franchises — in  Plain  Terms  

Oversight  of  all  Franchises  concerning  Water,  by  City 

Officers  of  City — Nomination  and  Election  

Officers — Arrangement  of,  on  Ballots  

Officer  Recalled — No  Recall  for  first  Six  Months  

Officer  Recalled — Incapacity  of  ‘ 

Ordinances — The  Initiative  

Direct  Legislation  

Fifteen  per  centum  Petition  

Five  per  centum  Petition  

Publication  of  Electoral  Ordinance  

Election  

Several  Ordinances  at  one  Election  

Limit  to  Special  Elections 


2 

6 

7 

8 
8 
8 
8 
8 
9 
9 

18 

19 

20 
27 
30 
34 
34 
34 
34 

34 

35 
35 
35 
35 
35 


48 


Page 

Repeal  of  Electoral  Ordinance  35 

Further  Regulations  35 

Ordinances — The  Referendum  36 

Mode  of  Protesting  against  same  ; 36 

Further  Regulations  36 

Officers — Employes — Salaries  36 

Office  Hours  37 

Salary  of  Mayor  • 37 

Salary  of  Councilmen  37 

Removal  Terminates  Salary  37 

Appointment  of  Clerk  and  Attorney  37 

Treasurer — Auditor  37 

Oaths  37 

Bonds  37 

Receive  No  Commissions,  Profits,  Car  Tickets,  etc 37 

Religious  or  Political  Opinions  not  to  Affect  Appointment 38 

Official  Books,  Records,  etc 38 

Payment  of  Debts  38 

Attend  to  Duties  38 

Official  Books,  Records,  etc 38 

Ordinances  Continue  in  Force  40 

P 

Prefatory  Synopsis  3 

Preamble  5 

Powers  of  City — Rights — Liabilities  5 

Powers  of  Council — Legislative  A 7 

President  and  Vice-President  of  Council  7 

Publication  of  Ordinances  Adopted  8 

Publication  of  Charter  and  Ordinances  9 

Power  to  Establish  Offices  9 

Publication  each  Month  of  Council  Work  9 

Powers  of  Mayor  9 

Powers  of  Council — Distribution  ii 

Public  Moneys  13 

Public  Safety — Department  of 16 

Council  Establish  Police  and  Fire  Departments  16 

Commissioner  Have  Supervision  16 

Police  and  Fire  Departments — Relief  Funds  17 

Police  Court — ' 17 

Existing  Law  Apply  17 

Jurisdiction  17 

Public  Works  and  Property — Commissioner  Have  Supervision 17 

Power  of  Arrest — Health  Department  18 

Physicians  and  Householders — Duty  of  18 

Park  Commission  to  Continue  18 

Public  Library  Board  to  Continue  18 

Public  Utilities  and  Franchises — See  “F”  18 

Policemen — Free  Transportation  on  Street  Cars — When  on  Duty  T. . 19 

Poles — Tracks,  etc. — Common  Use  of  21 

Public  Utilities — Books  of  Account  23 

Purchase  (by  City)  of  Plants  or  Property  of  Corporations  granted 

Franchises  24 

Permits  Revocable  25 

Petition  for  Nomination — Form  of  27 

Date  of  Presenting  28 

Examination  by  Clerk  28 

Filing  29 


49 


f 

f 


rrcservcd  29 

Primary  Elections  

Practices  (Corrupt)  in  Elections  31 

Petition  for  Recall  32 

Petition  for  Recall — May  be  Amended  or  New  Petition  Made  33 

Petition  for  Recall— Election  unless  Officer  Resigns  ’ 33 

Petition  under  Initiative — Fifteen  per  centum  34 

Five  per  centum  35 

I’ublication  of  Electoral  Ordinance  35 

Profits — Commissions — Free  Tickets,  etc 37 

Political  or  Religious  Opinion  Not  Affect  Appointments  38 

Payment  of  Debts  by  Officers  and  Employes  38 

Present  Form  of  Government  to  Continue,  until  39 

Present  Officers — Duty  in  Regard  to  Elections  40 

Present  Ordinances  Continue  in  Force  40 

Penalty  for  Violation  40 

Power — Reservation  of  40 

Q 

Qualification  of  Elective  Officers  6 

Qualification  of  Health  Officer  17 

Qualification  of  Assistants  to  Health  Officer  . ; 18 

R 

Rights  of  City — Powers — Liabilities  5 

Removal  of  Elective  Officers  7 

Restrictions  upon  Council  Members  7 

Rules  of  Council  7 

Resolutions  of  Council  8 

Repeal  or  Amendment  of  Ordinances  8 

Rates  for  Water  Fixed  by  Water  Commissioner  12 

Refunding  Bonds — Sec’s.  6687  to  6694  of  Colorado  Statutes  1908,  to 

be  continued  in  force  16 

Relief  Funds — Fire  and  Police  Departments  17 

Rates  and  Fares  in  Franchises  19 

Railroad  to  Elevate  or  Lower  Tracks  20 

Renewal  of  Franchises  20 

Reports  by  Public  Utility  Companies  21 

Record  Books  22 

Revocable  Permits  25 

Registration  (for  Elections)  26 

Requirements  of  Ballots  30 

Rules  Governing  Second  Election  31 

Regulations  (General)  for  Elections  32 

Recall  of  Elective  Officers — Applies  to  all  Elective  Officers  32 

Petition  for  Recall  32 

Petition  May  Be  Amended  or  New  Petition  Made  33 

Election  under  Recall  Petition,  Unless  Officer  Resigns  33 

Candidates — Election  34 

Incumbent  Removed  34 

No  Recall  Petition  for  First  Six  Months  34 

Incapacity  of  Recalled  Officer 34 

Repeal  of  Electoral  Ordinance  35 

Referendum — Mode  of  Protesting  Against  Ordinances  36 

Reference  by  the  Council  36 

Further  Regulations  36 


50 


Page 

Removal  Terminates  Salary  37 

Religious  or  Political  Opinions  Kot  AfVect  Ai)])ointment  38 

Records  (Official),  Books,  etc 38 

Reservation  of  Power  40 

S 

Synopsis  ' 3 

Statement  of  Council — iVionthly  9 

Special  Appropriations  for  1909  . 15 

Special  Statutes  1908  Colorado — Sec’s.  6657  and  6658  relating  to  side- 
walks continued  in  force  16 

Special  Statutes  1908  Colorado  relating  to  Refunding  Bonds,  con- 
tinued in  force  16 

Supervision — Commissioner  to  have,  over  Public  Works  16 

Sanitation  and  Health  Department  17 

Streets  to  be  Specified  in  Franchises  18 

Stock  (Franchise)  Issuance  of  19 

Special  Privilege  to  Mail  Carriers,  Policemen  et  al.  on  Street  Cars..  19 

Safety — Provided  for  in  Franchises  20  ' 

Special  Municipal  Elections  26 

Second  Election — Date — Rules  Governing  30 

Statement  of  Expenses  to  be  Filed  31 

Six  Months — Before  any  Recall  Petition  Can  be  Filed  34 

Several  Ordinances  at  One  Election  35 

Salaries — Mayor — Councilmen — Treasurer — Auditor  37 

Submitting  Charter  Amendments  40 

Signatures  of  Charter  Convention  Members  . . .^ 41 

T 

Terms  of  Elective  Officers  T 6 

Tax  Levy  14 

Taxes — Collection  16 

Tax — License  on  Franchises  19 

Tracks — Railroad  to  be  Elevated  or  Lowered  20 

Tracks — Poles  etc. — Common  Use  of  21 

Term  of  Franchise  Not  be  More  Than  25  Years  24 

Treasurer — Duties — Compensation,  etc 37 

V 

Vacancy  in  Elective  Offices  6 

Vice-President  of  Council  7 

Vote  of  Council  on  Appointments  9 

Veto  Power  of  Mayor  '. ii 

Voting  Upon  Franchises  18 

Violation  of  Charter  Provisions  40 

W 

Water  and  Water  Works — Department  of  12 

Department  an  Entity  12 

Commissioner  Administer  Department  12 

Commissioner  Fix  Rates  12 

Council  Impose  Fines  12 

Bonds — Duty  of  Commissioner  12 

Emergency  Warrants  13 

Water — City  has  Oversight  of  all  Franchises,  etc.,  concerning  Water 

or  Water  System  20 

Withdrawal  of  Candidates  29 


51 


AMENDMENTS  TO  THE  CHARTER  OF  THE  CITY  OF 
COLORADO  SPRINGS 


A PROPOSAL  TO  AMEND  SECTION  3 OE  ARTICLE  11, 
SECTION  27  OF  ARTICLE  V,  SECTIONS  84,  97  AND  103 
OF  ARTICLE  XIII,  AND  TO  REPEAL  SECTION  28 
OF  ARTICLE  V,  AND  SECTIONS  98,  99,  104,  105  AND 
106  OF  ARTICLE  XIII  OF  THE  CHARTER  OF  THE 
CITY  OF  COLORADO  SPRINGS. 

Be  it  Enacted  by  the  People  of  the  City  of  Colorado  Springs: 

That  Section  3 of  Article  II  of  tlie  Charter  of.  the  City  of  Colo- 
rado Springs  shall  be  amended  so  as  to  read  as  follows: 

SECTION  3.  Officers — Terms. — The  Elective  Officers  of  the  City 
shall  be  a Mayor  and  four  Councilinen,  each  of  whom  shall  be 
elected  at  large  by  the  qualified  electors  of  the  City.  The  term  of  all 
elective  officers  hereafter  elected  shall  commence  at  10:00  o’clock 
A.  M.,  on  the  third  d’uesday  of  April  following  their  election,  and 
shall  be  for  four  years  and  until  their  respective  successors  arc 
elected  and  ((ualified,  jirovided  that  the  two  councilinen  elected 
in  1911  shall  hold  office  until  10:00  o'clock  A.  M.,  of  the  third 
Tuesday  of  April,  1915,  and  the  Mayor  and  the  two  councilmcn 
elected  in  1913  shall  hold  office  until  10:00  o’clock  A.  M.,  of  the 
third  Tuesday  in  April,  1917. 

Section  27  of  Article  V shall  be  amended  so  as  to  read  as 
f(  )llows : 

Sia''ri().\  27.  Coniniissioners  of  Departments.  The  Mayor  shall 
be  the  Commissioner  of  W ater  and  Water  WYirks.  Each  Coun- 
cilmtm  shall  be  the  C'ommissioner  of  the  department  to  which  he 

52 


is  iK)niinatc(l  and  elected,  as  hereinafter  provided.  Until  such  de- 
partments are  filled  by  election,  as  hereinafter  provided,  the  Mayor 
shall  assign  a Councilman  to  each  one  of  the  four  departments, 
and  may  change  such  assignments  at  his  pleasure.  At  the  general 
municipal  election  in  1915  and  thereafter  there  shall  be  elected  a 
Councilman  as  Commissioner  of  Public  Works  and  Property,  and  a 
Councilman  as  Commissioner  of  Public  Health  and  Sanitation ; 
and  at  the  general  municipal  election  in  1917,  and  thereafter,  there 
shall  be  elected  a Councilman  as  Commissioner  of  Finance  and  a 
C'ouncilman  as  Commissioner  of  Public  Safety. 

Sections  84,  97  and  103  of  Article  XIH  shall  be  amended  so 
as  to  read  as  follows : 

Skction  84.  Ccncral  and  Special  Municipal  Elections — 

A municipal  election  shall  be  beld  in  the  City  on  the  first 
Tuesday  of  April  in  1915,  and  on  the  first  Tuesday  in  April  of 
every  second  year  thereafter,  and  shall  be  known  as  the  “Oneral 
Municipal  Flection.” 

All  other  municipal  elections  that  may  be  held  by  authority  of 
this  Charter  or  of  general  law  shall  be  known  as  “Special  Municipal 
Elections.” 

Section  97.  Form  of  Ballots. — The  Clerk  shall  cause  the  bal- 
lots to  be  printed,  bound,  numbered,  endorsed  and  authenticated 
as  provided  by  State  law,  except  as  otherwise  required  in  this 
Charter. 

Except  that  the  crosses  here  shown  shall  be  omitted,  and  that 
in  place  of  the  names  and  officers  here  shown  shall  be  substitutefl 
the  names  of  the  actual  candidates  and  the  offices  for  which  they 
are  respectively  nominated,  the  ballots  shall  be  in  substantially 
the  following  form  : 

General  (or  special)  municifial  election.  City  of  Colorado 
Springs.  (Inserting  date  thereof.) 

1 nstructions. — I'o  vote  for  any  persoti,  make  a cross  (X)  mark 
with  ink  in  the  square  in  the  a])propriate  column  according  to  your 
choice,  at  the  right  of  the  name  voted  for.  \’ole  your  first  choxe 
in  the  first  column:  vote  your  second  choice  in  the  second  column: 
vote  in  the  third  column  for  all  the  other  candidates  whom  you 
wish  to  support ; vote  only  one  first  choice  and  only  one  second 
choice  for  any  one  office.  Do  not  vote  more  than  one  choice  for 
one  person,  as  only  one  choice  will  count  for  any  one  candidate  by 
this  ballot. 

If  you  wrongly  mark,  tear,  or  deface  this  ballot,  return  it,  and 
obtain  another. 


58 


* 

FIRS  r 
CHOICE 

SECOND  i OTHER 
CHOICE  I CHOICES 

FOR  MAYOR 

Richard  Roe 

X 

James  Hoc 

X 

John  Doe 

X 

Henry  Poe 

X 

Louis  Coe 

' 

FOR  COMMISSIONER  OF  FINANCE 

I 



X 

Prank  Smith 

Harry  Jones 

X 

Fred  Brown 

FOR  COMMISSIONER  OF  PUBLIC 
SAFEl'V 

1 

Hiram  Black 



X 

Robert  White 

FOR  COMMISSIONER  OF  PUBLIC 
WORKS  AND  PROPEREV 

! 

1 

Henry  White 

Richard  Black 

X 

Edward  Green 

! 

X 

John  Gray 

X 

1 

1 

FOR  COMMISSIONER  OF  PUBLIC 
HEALTH  AND  SANH'ATION 

1 

( 

Mary  Doe 

X 

Frank  Clark 

X 

Henry  Allen 

X 

1 

1 

Alice  Brown 

i 

Andrew  Johnson 

X 

Anna  Williams 

X 

54 


v^iCCTioN  103.  Canvass  of  Returns  and  Determination  of  Re- 
sults of  Election. — As  soon  as  the  polls  are  closed,  the  precinct  of- 
ficers shall  immediately  open  the  ballot  boxes,  take  therefrom  and 
count  the  ballots  in  public  view,  and  enter  the  total  number  thereof 
on  the  tally  sheet  provided  therefor  by  the  City  Clerk.  They  shall 
also  carefully  enter  the  number  of  the  first-choice,  second-choice 
and  other-choice  votes  for  each  caniddate  on  said  tally  sheet  and 
make  return  thereof  to  the  City  Clerk  as  provdded  by  law. 

Only  one  vote  shall  be  counted  for  any  candidate  on  any  one 
ballot,  all  but  the  highest  of  two  or  more  choices  on  one  ballot 
for  one  and  the  same  candidate  being  void. 

If  two  and  not  more  choices  for  any  one  office  are  voted  in 
the  first-choice  column  on  any  one  ballot,  they  shall  both  be  counted 
as  second  choices,  and  all  other  choices  voted  on  that  ballot  for 
that  office  shall  be  counted  as  other  choices. 

If  three  or  more  choices  for  any  one  otfice  are  voted  in  the 
first-choice  column  on  any  one  ballot,  all  choices  voted  on  that  bal- 
lot for  that  office  shall  be  counted  as  other  choices. 

If  two  or  more  choices  for  any  one  office  are  voted  in  the 
second-choice  column  bn  any  one  ballot,  they  shall  be  counted  as 
other  choices. 

Except  as  hereinbefore  provided,  all  choice^  shall  be  counted 
as  marked  on  the  ballot. 

The  City  Clerk  shall  then  determine  the  successful  candidates 
as  hereinafter  provided  in  this  section. 

The  person  receiving  a majority,  as  hereinafter  in  this  seeiion 
defined,  of  first-choice  votes  cast  at  an  electif)ii  for  any  office  shall 
be  elected  to  that  office;  Provided,  that  if  no  candidate  shall  re- 
ceive such  a majority  of  the  first-choice  votes  for  such  office,  then 
a canvass  shall  be  made  of  the  second-choice  votes  received  l)y  each 
candidate  for  the  office;  said  second-choice  votes’shall  then  be  added 
to  the  first-choice  votes  received  by  each  candidate  for  the  office, 
and  the  candidate  receiving  the  largest  number  of  said  first-choice 
and  second-choice  votes  combined,  if  such  votes  constitute  a ma- 
jority, shall  be  elected  thereto;  and  Proznded,  further,  that  if  no 
candidate  shall  have,  such  a majeority  after  adding  the  first-choice 
and  second-choice  votes,  then  a canvass  shall  be  made  of  the  other- 
choice  votes  received  by  each  candidate  for  the  office ; said  other- 
choice  votes  shall  then  be  added  to  the  first-clnu'ce  and  the  second- 
choice  votes  received  hy  each  candidate  for  the  office,  and  the  can- 
didate having  the  largest  number  of  first-choice,  second-choice  and 
other-choice  votes  combined  shall  be  elected  to  such  office. 

A tie  l)etween  two  or  more  candidates  shall  be  decided  in  fa- 
vor of  the  one  having  the  largest  number  of  first-choice  votes.  If 

55 


two  or  mure  are  e(iual  in  tliat  resi)ccl,  then  the  candidate  amon^- 
them  having  the  largest  number  of  second-choice  votes  shall  be 
elected.  If  this  will  not  decide,  then  the  result  shall  be  determined 
by  lot  under  the  direction  of  the  City  Clerk. 

Whenever  the  word  ‘‘majority”  is  used  in  this  section  it  shall 
mean  more  than  one-half  of  the  total  number  of  first-choice  votes 
for  the  office  in  question  cast  at  such  election. 

. hid  Be  it  Further  Hnacted  by  the  People  of  the  City  of  Colorado 
Sprhiy;s: 

d'hat  Section  3 of  Article  II,  Section  27  of  Article  y.,  and  Sec- 
tions 84,  97  and  103  of  Article  Xlll,  as  above  amended,  of  the 
Charter  of  the  City  of  Colorado  Springs  shall  take  effect  and  be 
in  force  on  and  after  the  first  day  of  May,  A.  Id.  1913;  and  that 
Section  28  of  Article  V and  Sections  98,  99,  104,  105  and  106  of 
Article  Xlll  of  said  Charter  are  hereby  repealed,  to  take  effect 
on  the  first  day  of  May,  A.  D.  1913. 

Adopted  April  i,  1913.  \Mte  for,  2707;  against,  1665. 


A PROPOSAL  TO  AMEND  PARAGRAPH  (D)  RELATING 
TO  THE  REGISTRATION  OE  VOTERS,  OF  SECTION 
85  OF  ARTICLE  XHI  OF  THE  CHARTER  OF  THE 
CITY  OE  COLORADO  SPRINGS. 

Be  it  Enaeted  by  the  People  of  the  City  of  Colorado  Springs: 

That  paragraph  (d)  of  Section  85  of  Article  XIII  of  the 
Charter  of  the  City  of  Colorado  Springs,  be  and  the  same  hereby 
is  amended  to  read  as  follows: 

( d ) (dn  the  eleventh  day  preceding  any  municipal  election, 
excej^t  the  second  general  municipal  election,  the  clerk  shall  de- 
liver to  the  registration  committee  of  each  precinct  the  proper 
registration  list,  and  on  the  tenth  day  preceding  any  election,  ex- 
cept the  second  general  munici[)al  election,  thus  to  he  held,  or  if 
that  day  he  a legal  holiday  or  a Sunday,  then  on  the  succeeding 
day,  the  registration  committee  for  each  precinct  shall  sit  from 
nine  o’clock  a.  m.  until  nine  o’clock  p.  m.  at  some  suitable  place 
within  the  precinct  to  be  ])rovided  by  the  Clerk,  and  shall  place 
on  said  registration  lists  the  names  of  all  qualified  electors  of  that 
precinct  who  are  not  registered  and  who  shall  present  themselves 
for  registration  and  comply  with  the  ref|uircments  prescribed  by 
the  general  registration  laws  of  the  state. 

'I'hat  this  amendment  shall  take  effect  and  he  in  force  on 
and  after  the  first  day  of  May,  A.  D.  1913. 

Adoj)ted  April  1,  0)13.  Wle  for,  28()2 : against,  048. 

.58 


THE  CODE 

OF  COLORADO  SPRINGS 


CHAPTER  I 

OF  THE  CrVY  GOVERNMENT;  DEPARTMENTS, 
COMMISSIONS,  OFFICERS,  AND 
GENERAL  PROVISIONS. 

ARTICLE  1. 

OF  THE  MAYOR  AND  CITY  COUNCIL. 

§1.  The  Mayor.  (Sec.  1)  In  addition  to  the 
obligations  and  duties  imposed  upon  him  by  the  char- 
ter of  the  City  of  Colorado  Springs,  the  mayor  shall 
do  and  perform  such  acts  as  are  required  by  the  pro- 
visions of  the  ordinances  of  the  city.  [Ord.  No.  730, 
Chap.  1,  passed  Apr.  3,  1907,  as  amended  by  Ord.  No. 
894,  passed  Feb.  5,  1913.] 

§2.  Council.  Regular  Meetings.  (Sec.  1)  The 
regular  meetings  of  the  council  shall  be  held  on 
AYednesdays  and  Fridays  of  each  week,  beginning 
at  the  hour  of  ten  o’clock  a.  m.  [Ord.  No.  730,  Chap. 
2,  passed  Apr.  3,  1907,  as  amended  by  Ord.  No.  894, 
passed  Feb.  5,  1913.] 

§3.  Special  Meetings.  (Sec.  2)  The  mayor  may, 
and  upon  the  written  request  of  three  conncilmen, 
shall  call  special  meetings  of  the  council,  by  notice  to 
each  of  the  conncilmen  in  writing,  which  notice  shall 
state  the  purpose  for  which  said  meeting  is  called, 
such  notice  to  be  served  at  least  twenty-four  hours 

57 


prior  to  tlie  time  ot*  sudi  meeting,  persoiiaJly,  or  by 
leaving-  tlie  same  at  the  usual  place  of  residence  of 
said  counci  Ilium.  Special  meetings  of  the  council 
may  be  held  at  any  time  whenever  all  the  members 
of  the  council  and  the  clerk  are  present  and  the 
council  by  unanimous  vote,  finds  that  it  is  necessary 
or  expedient  to  hold  a special  council  meeting.  [Ord. 
No.  730,  Chap.  2,  as  amended  by  Ord.  No.  894,  passed 
Feb.  5,  1913.] 

§4.  Journal.  Rules.  Compel  Attendance.  (Sec. 

3)  The  council  shall  keep  a journal  of  its  proceed- 
ings, which  shall  be  open  at  all  times  for  inspection; 
shall  make  and  enforce  rules  of  proceedings,  and 
compel  attendance,  Avhen  necessary,  of  absent  mem- 
bers. [Ord.  No.  730,  Chap.  2,  passed  Apr.  3,  1907,  as 
amended  by  Ord.  No.  894,  passed  Feb.  5, 1913.] 


ARTICLE  2. 

EXECUT[\^E  AND  ADMINISTRATIVE 
DEPARTMENTS. 

§5.  Departments.  (Sec.  1)  The  executive  and 
administrative  powers,  authority  and  duties  of  the 
city,  not  otherwise  provided  for  in  the  charter,  shall 
be  distributed  among  five  departments,  as  follows: 

Department  of  Water  and  Water  IVorks. 

De])artment  of  Finance. 

Department  of  Public  Safety. 

Department  of  Public  Works  and  Property. 

Department  of  Public  Health  and  Sanitation. 

§6.  Designation  of  Commissioners.  (Sec.  2) 
The  mayor  shall  be  Commissioner  of  "Water  and 
Water  Works.  The  council  at  its  first  regular  meet- 
ing after  the  election  of  its  members,  shall  designate 
bv  majoritv  vote  one  councilman  to  be  Commissioner 

53 


of  Finance,  one  to  be  Commissioner  of  Public  Safety, 
one  to  be  Commissioner  of  Public  Works  and  Prop- 
erty, and  one  to  be  Commissioner  of  Public  Health 
and  Sanitation;  provided,  however,  that  if  the  coun- 
cil shall  be  unable  to  agree  upon  such  designation,- 
the  mayor  shall  have  authority  to  make  such  desig- 
nation, and  the  council  may  change  such  designation 
(except  that  of  the  Department  of  Water  and  Water 
Works)  by  ordinance,  or  by  resolution,  whenever  it 
shall  determine  that  the  public  service  requires  such 
change.  [Ord.  No.  778,  passed  Oct.  20,  1909.] — See 
amendment  to  charter,  pages  52  to  56. 


ARTICLE  3. 

RELATING  TO  THE  MUNICIPAL  CIVIL 
SERVICE. 

§7.  The  Commission.  Office  in  City  Hall.  (Sec. 
1)  The  commissioner  of  finance  shall  provide  a suit- 
able and  properly  furnished  office  in  the  city  hall  for 
the  Civil  Service  Commission,  hereinafter  termed 
^Ghe  commission.”  The  auditor  shall  from  time  to 
time,  draw  warrants  for  the  expenses  of  the  com- 
mission, upon  presentation  of  proper  voucher  there- 
for, but  in  no  case  shall  the  aggregate  amount  of 
said  warrants  exceed  the  appropriation  for  the  com- 
mission in  that  year. 

§8.  Authority  to  Make  Investigations.  Wit- 
nesses. Administer  Oaths.  (Sec.  2)  The  commission 
shall  have  authority  to  make  investigations,  either 
sitting  as  a body  or  through  a single  commissioner 
appointed  by  the  commission  for  that  purpose,  con- 
cerning all  matters  touching  the  enforcement  and 
effect  of  the  civil  service  provisions  of  the  charter, 
of  this  ordinance,  and  of  the  rules  prescribed  by  the 

59 


commission.  In  the  course  of  such  investigations, 
the  commission  shall  have  power  to  subpoena  and 
recpiire  the  attendance  of  witnesses  and  the  produc- 
tion of  books  and  papers  pertinent  to  the  investiga- 
tion, to  administer  oaths  and  affirmations,  and  to 
take  testimony  relative  to  any  matter  which  it  has 
authority  to  investigate. 

§9.  Unclassified  Service.  Classified  Service. 
Appointments.  (Sec.  3)  The  civil  service  of  the  City 
of  Colorado  Springs  shall  be  divided  into  the  Un- 
classified Service  and  the  Classified  Service. 

The  unclassified  service  shall  comprise  all  the 
municipal  officers,  as  specified  in  section  132  of  the 
charter,  the  members  of  the  civil  service  commission, 
the  members  of  the  park  commission,  the  members 
of  the  board  of  directors  of  the  public  library,  all  reg- 
istration and  election  officials,  the  city  attorney, 
the  assistant  city  attorney,  and  other  counsel,  the 
health  officer,  the  city  clerk,  the  experts  appointed 
by  the  mayor  under  section  23,  subdivision  ‘‘g”  of 
the  charter,  special  detectives,  and  special  policemen 
without  pay. 

The  classified  service  shall  comprise  all  employ- 
ments now  existing  or  hereafter  created  not  s])ecifi- 
cally  included  in  the  unclassified  service.  All  ap- 
pointments or  employments  in  the  classified  service 
shall  be  made  in  accordance  with  this  ordinance  and 
rules  hereunder,  and  not  otherwise. 

§10.  Classified  Service.  Competitive.  Non- 
Competitive.  Labor.  (Sec.  4)  The  classified  service 
shall  be  divided  into  the  competitive  class,  the  non- 
competitive class,  and  the  labor  class. 

The  non-competitive  class  shall  include  the 
chief  of  police,  the  chief  of  the  fire  department,  the 
water  commissioner,  the  water  superintendent,  the 

6o 


street  commissioner,  the  superintendent  of  parks, 
the  librarian  and  assistant  librarians,  the  engineer, 
the  auditor,  and  the  treasurer. 

The  labor  class  shall  include  all  unskilled  labor- 
ers. A'acancieS  in  the  labor  class  shall  he  filled  by 
appointment  from  lists  of  applicants  registered  in 
accordance  with  the  rules  hereunder. 

The  competitive  class  shall  include  all  positions 
not  included  in  the  non-competitive  and  labor  classes. 

§11.  Competitive  Class.  Appointments,  How 
Made.  (Sec.  5)  Whenever  there  is  an  appointment 
. to  be  made  in  the  Competitive  class  the  commissioner 
or  head  of  the  appropriate  department  or  board,  shall 
make  requisition  on  the  commission  for  the  names  of 
the  eligible  persons,  in  such  manner  as  may  be  re- 
quired by  the  rules  hereunder.  Upon  receipt  of  such 
requisition,  the  commission  shall  certify  the  names 
of  the  three  persons  standing  highest  upon  the  most 
appropriate  list,  with  the  rating  of  each  person  and 
such  other  information  as  may  be  provided  by  the 
mles.  From  the  list  of  names  so  certified,  appoint- 
ment shall  he  made  by  the  mayor,  upon  recommenda- 
tion of  the  commissioner  of  the  appropriate  depart- 
ment; or  by  the  head  of  the  board  making  such 
requisition. 

§12.  Labor  Class.  Appointments,  How  Made. 

(Sec.  6)  A\henever  there  is  an  appointment  to  be 
made  in  the  labor  class  the  commissioner  or  head  of 
the  appropriate  department  or  board  shall  make  req- 
uisition upon  the  commission  for  the  names  of  eligi- 
ble persons,  specifying  the  number  of  appointments 
to  be  made.  Upon  receipt  of  such  requisition  the 
commission  shall  certify  names  in  accordance  with 
the  rules  hereunder,  from  which  the  appointment  or 
appointments  shall  he  made. 

6i 


§13.  Classified  Service.  Temporary  Appoint- 
ments. (Sec.  7)  To  prevent  the  stoppage  of  public 
business  or  to  meet  extraordinary  exigencies,  any 
api)ointing  officer  or  board  may,  subject  to  the 
approval  of  the  commission,  make  temporary  ap- 
pointments in  the  classified  service,  only  until  reg- 
ular appointments  under  the  provisions  of  this  ordi- 
nance and  rules  hereunder  can  be  made;  but  no  such 
temporary  appointment  shall  remain  in  force  for 
more  than  sixty  days,  nor  shall  successive  tempo- 
rary appointments  to  the  same  position  or  of  the 
same  person  be  made. 

§14.  Promotions,  Etc.,  Rules  For.  (Sec.  8) 

Promotions,  transfers,  suspensions,  reinstatements, 
and  dismissals  without  fault  or  delinquency,  of  em- 
ployes in  the  classified  service,  shall  be  appropriately 
provided  for  in  the  rules  hereunder. 

§15.  Classified  Service.  Discharges,  Etc.,  From. 
Causes  For.  (Sec.  9)  Discharges  from  the  classified 
service,  or  reduction  in  grade,  may  be  made  for  any 
cause  not  political  or  religious,  which  may  promote 
the  efficiency  of  the  service ; but  the  person  or  board 
making  such  discharge  or  reduction  shall,  at  the  re- 
quest of  the  commission,  file  with  its  secretary  a 
specific  statement  of  the  causes  therefor,  within  such 
reasonable  time  as  the  commission  may  designate. 

§16.  Roster  of  Persons  in  Classified  Service. 

(Sec.  10)  The  commission  shall  maintain  in  its  office 
as  a public  record  a roster  of  all  persons  in  the  classi- 
fied service,  and  all  officers,  boards  and  commissions 
shall  furnish  such  information  as  may  be  requested 
for  said  roster;  and  said  roster  shall  contain  such 
information  as  may  be  provided  by  the  rules  here- 
under. 

§17.  Commision  Certify  Names  to  Auditor. 
'Warrants.  (Sec.  11 ) The  commission  shall  certify  to 

62 


tlie  auditor  the  name  of  every  person  in  tJie  classified 
service  who  is  holding*  his  position  in  accordance 
with  the  provisions  of  this  ordinance  and  the  rules 
hereunder  (and  for  whom  it  is  the  duty  of  the  auditor 
to  issue  a warrant),  stating  in  each  case  the  charac- 
ter and  date  of  conimencement  of  service,  compensa- 
tion and  any  change  in  such  service.  The  auditor 
shall  not  issue  a warrant  for  the  payment  of  any 
compensation  to  any  person  in  the  classified  service 
not  so  certified.  Any  payments  contrary  to  the  pro- 
visions of  this  ordinance  and  the  rules  hereunder, 
may  he  recovered  from  the  auditor  or  from  any  offi- 
cer or  member  of  a board  signing  or  countersigning 
warrants  therefor,  or  from  the  sureties  on  the  official 
bond  of  such  person  or  persons,  in  an  action  brought 
by  the  city  in  any  court  of  competent  jurisdiction  or 
by  any  taxpayer  or  by  the  commission  for  the  use  of 
the  city.  ^ 

§18.  Examination  of  Applicants.  Fraud,  Deceit, 

Etc.  (Sec.  12)  No  person  shall  willfully  or  corruptly, 
by  himself  or  in  co-operation  with  one  of  more  per- 
sons, defeat,  deceive,  or  obstruct  any  person  in  re- 
spect to  his  or  her  right  of  examination,  or  falsely 
mark,  grade,  estimate  or  report  upon  the  examina- 
tion or  proper  standing  of  any  person  examined  or 
registered  hereunder,  or  aid  in  so  doing,  or  make  any 
false  representation  concerning  the  same  or  concern- 
ing the  person  examined  or  registered,  or  furnish  to 
any  person  any  special  or  secret  information  what- 
ever for  the  purpose  of  either  improving  or  injuring 
the  prospects  of  any  person  so  examined  or  regis- 
tered, or  to  be  examined  or  registered,  or  imper- 
sonate another  person  or  permit  or  aid  another 
person  to  impersonate  him  in  any  application,  ex- 
amination or  registration. 

§19.  Political  Activity  Forbidden.  Exceptions. 
(Sec.  13)  No  officer  or  employe  of  the  city  shall,  di- 

63 


reetly  or  indirectly,  solicit  or  receive  or  be  in  any 
manner  concerned  in  soliciting  or  receiving  any  as- 
sessment, snbscription  or  contribution  for  any  polit- 
ical purpose  whatever;  provided,  that  nothing  herein 
contained  shall  be  construed  to  prohibit  any  elective 
officer  of  the  city  standing  for  re-election,  from  solic- 
iting or  receiving  contributions  in  aid  of  his  election 
from  any  person  not  in  the  employ  of  the  city,  county, 
state,  or  of  the  federal  government;  nor  shall  any 
person  solicit,  directly  or  indirectly,  or  be  in  any 
manner  concerned  in  soliciting  any  assessment,  sub- 
scription or  contribution  for  any  political  purpose 
whatever,  from  any  salaried  officer  or  employe  in  the 
service  of  the  city. 

No  officer  or  employe  of  the  city  shall  use  his 
official  authority  or  influence  for  the  purpose  of  in- 
terfering with  any  election,  whether  municipal, 
county,  state  or  national,  or  affecting  the  result  there- 
of. Any  employe,  as  defined  in  section  132  of  the 
charter,  while  retaining  the  right  to  vote  as  he 
pleases,  and  to  express  privately  his  opinions  on  all 
political  subjects,  shall  take  no  active  part  in  politi- 
cal management  or  in  political  campaigns  or  elec- 
tions. 

§20.  Corrupt  Political  Influence.  Patronage. 

(Sec.  14)  No  person  while  holding  any  public  office 
or  employment  in  the  service  of  the  city,  or  while  in 
nomination  or  seeking  nomination  or  appointment 
for  any  office  or  employment  shall,  for  the  purpose 
of  influencing  the  vote  or  political  action  of  any  per- 
son or  for  any  other  corrupt  purpose  whatever,  use 
or  promise  to  use,  directly  or  indirectly,  any  official 
authority  or  influence,  whether  then  possessed  or  an- 
ticipated, to  confer  upon  any  person  or  to  assist  any 
person  in  obtaining  any  municipal  employment  or 
nomination,  confirmation,  promotion  or  increase  of 
salary. 


64 


§21.  Violation.  Misdemeanor.  Penalty.  (Sec. 

15)  Any  person  violating-  any  of  the  provisions  of 
this  ordinance  or  any  rule  hereunder  shall  be  deemed 
guilty  of  a misdemeanor,  and  for  each  and  every  of- 
fense shall  upon  conviction  thereof,  be  punished  by 
a line  of  not  less  than  $10,  nor  more  than  $300.,  and 
may  be  recommended  by  the  commission  for  suspen- 
sion, dismissal  or  reduction  in  grade.  If  any  officer 
as  defined  in  section  132  of  the  charter,  shall  violate 
any  of  the  provisions  of  this  ordinance  or  the  rules 
hereunder,  the  commission  may  present  to  the  coun- 
cil written  statement  of  charges  against  such  officer. 
If,  upon  a preliminary  hearing  thereon,  to  be  had 
within  ten  days,  the  council  believe  that  such 
charges  are  of  such  nature  as  would,  if  sustained, 
justify  a removal  from  office,  such  officer  shall  be 
proceeded  against  in  the  manner  provided  in  section 
6 of  the  charter. 

§22.  Action  for  Violations.  Limitation.  (Sec. 

16)  The  commission  may  bring  action  in  the  police 
magistrate’s  court  in  the  name  of  and  on  behalf  of 
the  city,  to  secure  the  conviction  and  punishment  of 
any  person  violating  any  of  the  provisions  of  this 
ordinance  or  the  rules  hereunder,  provided  such  ac- 
tion be  brought  within  two  years  after  such  violation. 

§23.  Present  Employes  Continue.  Auditor  Cer- 
tify Name,  Etc.  (Sec.  17)  All  employes  regularly  em- 
ployed at  the  time  this  ordinance  takes  effect,  shall 
continue  in  their  respective  employments  without  ex- 
amination or  further  appointment;  in  all  other  re- 
spects, said  employes  shall  be  subject  to  the  provi- 
sions of  this  ordinance  and  of  the  rules  hereunder; 
and  the  auditor  shall  forthwith  certify  to  the  com- 
mission the  names,  duties,  compensation,  and  date  of 
employment  of  all  such  employes. 

§24.  Repeal.  (Sec.  18)  All  laws  and  parts  of 
65 


laws  of  this  state  in  conflict  with  any  of  the  provi- 
sions of  this  ordinance,  are  hereby  superseded;  and 
all  ordinances  and  parts  of  ordinances  in  conflict  with 
any  of  the  provisions  of  this  ordinance,  are  hereby 
repealed.  | Ord.  No.  791,  passed  Feb.  23, 1910.] 


ARTICLE  4. 

OF  THE  CITY  PLANNING  COMMISSION,  ITS 
POWERS  AND  DUTIES. 

§25.  Commission  Established.  (Sec.  1)  There 
is  hereby  established  a City  Planning  Commission. 
§26.  Commission,  How  Constituted.  (Sec.  2) 

The  city  planning  commission  shall  consist  of  fifteen 
members,  as  follows: 

The  mayor. 

The  commissioner  of  public  works  and  property. 
The  president  of  the  park  commission. 

The  president  of  the  union  depot  commission,  all 
ex  officio. 

The  other  eleven  members  shall  be  appointed  by 
the  council  as  hereinafter  provided,  that  is  to  say: 

Five  members  from  a list  of  ten  nominations 
made  to  it  by  the  Colorado  Springs  Chamber  of  Com- 
merce. 

Two  members  each  from  a list  of  four  nomina- 
tions made  to  it  respectively  by  the  Federated  Trades 
Council,  the  Woman’s  Clubs  of  Colorado  Springs,  and 
the  Civic  League. 

Six  of  the  appointed  members  shall  serve  for 
66 


four  years,  and  five  of  the  appointed  members  shall 
serve  for  two  years  from  March  1,  1913,  and  at  the 
time  of  appointment  the  council  shall  designate  the 
term  of  service  of  each  appointee.  Beginning  with 
March  1,  1915,  the  term  of  all  appointed  members 
shall  be  for  four  years. 

Each  vacancy,  whether  occurring  during  the 
term  or  by  expiration  thereof,  shall  be  filled  by  the 
council  upon  nomination  of  two  names  by  the  organ- 
ization whose  nominee  caused  the  vacancy. 

Vacancies  occurring  during  the  term  shall  be 
filled  only  for  the  unexpired  term. 

All  members  shall  hold  office  until  their  respect- 
ive successors  are  appointed  and  qualified. 

§27.  Organization.  Powers.  Quorum.  (Sec.  3) 
Within  ten  days  after  the  members  of  said  commis- 
sion, or  a majority  of  them  shall  have  been  appointed, 
the  mayor  shall  select  a time  and  place  of  meeting  for 
the  organization  of  said  commission,  and  shall  notify 
the  members  thereof.  The  commission  shall  have  the 
power  to  elect  from  its  membership  such  officers  as 
it  may  desire,  and  to  make,  alter  and  amend  rules 
and  regulations  for  its  organization  and  procedure  as 
well  as  for  the  conduct  of  its  business.  A majority 
of  said  commission  shall  constitute  a quorum. 

§28.  Purposes  of  Commission.  Civic  Imrove- 
ments.  (Sec.  4)  The  said  commission  shall  encourage 
continuity  and  economy  in  the  development  of  the 
City  of  Colorado  Springs,  in  accordance  with  a com- 
prehensive city  plan ; and  shall  by  such  means  as  are 
thought  desirable  endeavor  to  stimulate  public  inter- 
est in  city  building  and  in  wise  expenditure  of  public 
moneys  for  civic  improvements. 

§29.  Council  Refer  Proposed  Improvements  to 

6; 


Commission.  (Sec.  5)  All  matters  concerning  the 
location  or  vacation  of  any  public  building,  monu- 
ment, boulevard,  parkway,  street,  alley,  highway, 
square,  park,  playground  or  other  public  improve- 
ment, or  of  any  extension  of  relocation  of  the  same, 
or  any  proposed  change  from  the  city  plan  submitted 
by  Charles  Mulford  Robinson  in  May,  1912,  and  gen- 
erally all  matters  concerning  the  making  of  any  pub- 
lic improvements,  shall  be  referred  by  the  city  cou- 
ncil to  said  commission  for  consideration  and  recom- 
mendation before  final  action  shall  be  taken  thereon 
by  the  council. 

§30.  Plats  of  City  Additions,  to  be  Submitted  to 
Commission.  (Sec.  6)  All  plats  of  new  additions  to 
the  City  of  Colorado  Springs  shall,  before  acceptance 
by  the  council,  be  submitted  to  the  city  planning  com- 
mission for  recommendation  thereon. 

No  street,  highway,  alley  or  other  thoroughfare, 
within  the  city  limits,  hereafter  platted,  replatted  or 
dedicated,  shall  be  accepted  by  the  city  council,  or  be 
improved  or  cared  for  at  public  expense,  unless  and 
until  the  plat,  replat,  or  dedication  of  the  same  shall 
first  have  been  submitted  to  said  commission  for  rec- 
ommendation thereon. 

§31.  Expenses  of  Commission.  No  Compensation 
to  Members.  (Sec.  7)  The  expenses  of  said  commis- 
sion shall  be  provided  for  at  at  the  discretion  of  the 
city  council,  but  no  member  of  said  commission  shall 
receive  any  compensation  for  serving  on  said  com- 
mission. [Ord.  No.  900,  passed  Mar.  14,  1913.] 


ARTICLE  5. 

RELATING  TO  THE  OFFICE  OF  CITY  CLERK. 

§32.  City  Clerk.  Appointment.  Bond.  (Sec.  1) 
68 


The  city  clerk  shall  be  appointed  as  required  by  the 
charter,  and  he  shall  hold  his  office  for  an  indefinite 
term,  and  he  shall  be  subject  to  removal  at  any  time 
in  the  iiiaimer  provided  in  the  charter.  The  clerk 
and  his  assistants  are  each  hereby  assigned  to  the 
department  of  finance.  Before  entering  upon  the 
duties  of  his  office  the  clerk  shall  be  bonded  by  a 
surety  company  approved  by  the  mayor,  in  the  sum 
of  five  thousand  dollars  ($5,000)  for  the  faithful  per- 
formance of  his  duties. 

§33.  Duties.  (Sec.  2)  The  clerk  shall,  in  addi- 
tion to  the  duties  imposed  upon  him  by  the  charter 
and  by  law,  perform  the  following  duties: 

(a)  He  shall  be  custodian  of  all  moneys,  books, 
property  or  other  things  belonging  to,  or  under  the 
control  of  the  city  in  the  office  of  the  clerk,  and  in 
the  event  of  his  resignation  or  removal  from  office, 
it  shall  be  his  duty  to  deliver  to  the  commissioner  of 
finance  all  property  and  things  of  which  he  is  custo- 
dian as  clerk. 

(b)  ATTEND  COUNCIL  MEETINGS.  The 
clerk  shall  attend  all  meetings  and  keep  a regular 
and  correct  journal  of  the  proceedings  of  the  city 
council. 

(c)  RECORD  OKDINANCES,  ETC.  The  clerk 
shall  carefully  record  all  ordinances,  resolutions  and 
other  matters  necessary  to  be  recorded. 

(d)  PUBLISH  ORDINANCES.  The  clerk  shall 
see  that  all  ordinances,  resolutions,  notices  and  other 
matters  are  published  as  required  by  law. 

(e)  FILE  ORDINANCES,  BONDS,  ETC.  The 
clerk  shall  file  in  his  office  and  safely  keep  the  orig- 
inals of  all  ordinances  passed  by  the  council  and  also 
all  bonds,  records,  papers  and  documents  pertaining 
to  his  office  or  ordered  by  the  council  to  be  kept  on 

69 


file  therein,  and  shall  carefully  index  and  arrange  the 
same  for  convenient  reference. 

(f ) DELIVER  ORDINANCES,  ETC.,  TO  THE 
MAYOR.  The  clerk  shall,  without  delay,  deliver  to 
the  mayor  all  ordinances,  resolutions  and  contracts 
which  require  the  approval  or  are  to  be  otherwise 
acted  upon  by  the  mayor,  together  with  all  papers 

' relating  thereto. 

(g)  ISSUE  LICENSES,  ETC.  The  clerk  shall 
issue  all  licenses  and  permits  granted  under  the  ordi- 
nances of  the  city  and  keep  a register  in  which  shall 
be  entered  the  name  of  each  and  every  person  to 
whom  a license  is  granted,  the  date  of  the  license, 
the  purpose  for  which  granted,  the  sum  paid  therefor 
and  the  date  same  will  expire.  All  moneys  due  the 
city  for  licenses  shall  be  collected  by  the  city  clerk, 
or  a deputy  in  his  office,  and  the  clerk  shall  desig- 
nate one  of  his  deputies  to  perform  primarily  the 
duty  of  collecting  all  license  fees  due  the  city,  and 
such  deputy  shall  in  addition  to  other  license  taxes 
collect  the  taxes  for  licenses  on  dogs  heretofore  col- 
lected by  the  poundmaster  and  city  treasurer. 

(h)  ATTEST  CONTRACTS,  COUNTERSIGN 
WARRANTS.  The  clerk  shall  attest  all  contracts 
of  the  city  authorized  by  the  council  and  signed  by 
the  mayor,  and  countersign  all  warrants  issued  by 
the  auditor  and  approved  by  the  mayor. 

(i)  SEAL.  The  clerk  shall  be  the  custodian 
of  the  corporate  seal  of  the  city  and  shall  affix  it  to 
all  instruments  required  to  be  attested  by  such  seal. 

(j)  CEMETERY.  The  clerk  shall  also  keep  an 
accurate  record  of  all  lots  in  the  cemetery,  or  such 
other  place  of  burial  as  the  council  may  provide  or 
establish.  Applications  for  the  purchase  of  lots  there- 
in shall  be  made  to  the  clerk  and  he  shall  sell  the 

70 


same  at  such  price  or  prices  as  may  be  directed  by 
the  council.  The  clerk  shall  give  a certificate  of  pur- 
chase to  the  purchaser  of  any  lot  or  lots.  The  cer- 
tificate shall  be  signed  by  the  mayor  and  attested  by 
the  clerk  under  the  seal  of  the  city,  and  shall  specify 
the  number  of  the  lot  and  block  so  purchased.  The 
record  of  the  clerk  shall  show  the  date  of  the  pur- 
chase, the  name  of  the  purchaser  and  the  number  of 
the  lot  or  lots  purchased.  The  clerk  shall  also  issue 
burial  permits  and  keep  a diagram  showing  the  exact 
location  of  each  interment  in  said  cemetery  or  such 
other  place  of  burial.  The  clerk,  instead  of  the  city 
treasurer,  shall  hereafter  collect  all  moneys  due  the 
city  for  the  care  and  up-keep  of  all  cemetery  lots. 

(k)  MONEYS  TO  BE  PAID  TREASUEER. 
All  moneys  reecived  by  the  clerk  on  account  of  the 
city,  shall  be  by  him  within  twenty-four  hours,  de- 
livered to  the  treasurer. 

§34.  Assistants.  (Sec.  3)  The  clerk  shall,  until 
otherwise  provided  by  ordinance,  have  three  depu- 
ties as  assistants  in  his  office,  who  shall  perform  such 
duties  as  the  clerk  shall  require  in  connection  with 
his  office,  and  the  duties  appertaining  thereto,  and 
the  clerk  shall  be  responsible  for  the  fidelity  of  said 
deputies  and  their  faithfulness  and  efficiency;  all 
such  deputies  shall  be  appointed  by  the  mayor  upon 
the  recommendation  of  the  commissioner  of  finance, 
and  such  deputies  shall  not  be  appointed  for  any  defi- 
nite term,  and  they  shall  be  subject  to  removal  by  the 
mayor  or  council  at  any  time. 

§35.’  Bonds  of  Deputies.  (Sec.  4)  A bond  in  the 
sum  of  $2,500,  running  to  the  City  of  Colorado 
Spring's,  shall  be  required  from  all  deputies  who 
shall  have  the  care,  custody  or  handling  of  any 
moneys  or  other  valuable  things  belonging  to  the 
city,  [Ord.  No.  864,  passed  May  15,  1912.] 


ARTICLE  6. 


OF  Tim  CFl^Y  ATTORNEY,  HIS  POWERS  AND 

DUTIES. 

§36.  City  Attorney.  Appointment  Subject  to 
Removal.  (Sec.  .1 ) There  is  hereby  created  the  posi- 
tion of  city  attorney,  who  shall  be  appointed  by  the 
mayor,  sn]\ject  to  confirmation  by  the  council.  He 
shall  not  l)e  appointed  for  any  fixed  term,  but  shall 
always  be  subject  to  removal  by  the  mayor. 

§37.  Duties.  (Sec.  2)  The  city  attorney  shall 
conduct  all  cases  in  court  in  this  state  wherein  the 
city  shall  be  ]^arty  plaintiff  or  defendant,  or  a party 
in  interest.  He  shall  be  the  legal  advisor  of  the 
mayor,  council,  commissioners,  and  heads  of  depart- 
ments, in  relation  to  their  duties.  He  shall  draw,  or 
pass  upon  all  contracts,  deeds,  leases,  to  whicli  the 
city  is  a ])arty.  He  shall  prepare  such  ordinances  as 
the  mayor  or  council  may  direct,  and  shall,  when  re- 
fpiested,  examine  and  report  in  writing  to  the  coun- 
cil n})on  ordinances  prior  to  their  passage  by  the 
council.  He  shall,  when  requested  so  to  do,  furnish 
written  opinions  upon  subjects  submitted  to  him  by 
the  mayor,  the  commissioners  or  the  council.  He 
shall  institute  an  action  in  every  case  where  there 
has  been  a violation  of  any  ordinance  when  in- 
structed so  to  do  by  the  mayor,  or  the  council,  and 
shall  prosecute  actions  in  the  police  court  when  re- 
el nested  to  do  so  by  the  mayor  or  the  police  magis- 
trate. 

He  shall  kee])  in  ])roper  books  to  be  provided 
for  that  imrpose,  a register  of  all  actions  in  courts 
of  record  ])rosecnted  or  defended  by  his  office  and 
the  proceedings  had  therein;  such  books  shall  at  all 
times  be  open  to  the  ins])ections  of  the  mayor,  or  any 
commissioner. 


72 


He  shall  annually,  on  or  before  the  first  day  of 
January  of  each  year,  report  in  writing  to  the  coun- 
cil, all  actions  pending  in  courts  of  record,  prosecuted 
or  defended  by  his  office,  to  which  the  city  is  a 
party;  and  such  report  shall  contain  the  names  of 
all  defendants  and  complainants,  the  nature  of  the 
action,  the  date  of  the  commencement  thereof  and 
the  status  of  each  suit,  accompanying  such  report 
with  such  information  as  he  may  see  fit  to  append. 
He  shall  attach  to  such  report  a list  of  all  cases  in  a 
court  of  record  that  have  been  disposed  of  during  the 
year,  stating  the  manner  of  the  disposition  of  each  of 
such  cases. 

He  shall  prepare  and  submit  to  the  commissioner 
of  finance  on  or  before  the  first  day  of  November  of 
each  year,  a statement  of  all  unsettled  judgments  for 
and  against  the  city,  and  an  estimate  of  the  whole 
cost  and  expense  of  providing  for  and  maintaining 
his  office  during  the  ensuing  fiscal  year,  which  esti- 
mates shall  be  in  detail  so  far  as  practicable. 

He  shall,  upon  his  removal  from  office,  forth- 
with, on  demand,  deliver  to  his  successor  in  office, 
all  books  and  papers  in  his  possession  belonging  to 
the  city  or  delivered  to  him  by  any  of  its  officers,  and 
all  papers  and  information  in  his  possession  in  ac- 
tions prosecuted  or  defended  by  him  then  pending 
and  undetermined,  together  with  his  register  thereof 
and  his  proceedings  therein. 

§38.  Compensation.  (Sec.  3)  The  city  attorney 
shall  receive  such  salary  as  the  council  by  ordinance 
shall  prescribe.  [As  amended  by  Ord.  No.  893,  passed 
Jan.  29,  1913.] 

§39.  Assistants.  (Sec.  4)  The  city  attorney, 
with  the  consent  of  the  council,  ma}"  employ  an  as- 
sistant, who  shall  reecive  such  salary  as  the  council 
by  ordinance  shall  prescribe. 

73 


^riie  ('Oiincil  may  also,  at  any  time,  employ  other 
counsel,  to  take  cliarge  of  any  litigation  or  to  assist 
the  city  attorney,  whose  compensation  shall  he  hxed 
by  the  council  at  the  time  of  employment. 

§40.  Assignment.  (Hec.  5)  All  matters  pertain- 
ing- to  finance  in  the  city  attorney’s  department  are 
hereby  assigned  to  the  department  of  finance.  [Ord. 
No.  787,  Secs.  1-5,  ])assed  Dec.  24,  1909.] 


ARTICLE  7. 

OF  THE  POLICE  COURT  AND  THE  POLICE 
MAGISTRATE. 

§41.  Police  Court  Created.  Terms  of  Magis- 
trate. (Sec.  1 ) There  is  hereby  created  a police  court 
for  the  City  of  Colorado  Springs,  which  said  court 
shall  be  presided  over  by  a police  magistrate,  who 
shall  not  hold  his  office  for  any  fixed  term,  but  shall 
always  be  subject  to  removal  by  the  mayor,  or  the 
affirmative  vote  of  four  members  of  the  council, 
whenever  in  his,  or  their  judgment  the  public  inter- 
ests demand  or  will  be  I)etter  subserved  thereby. 

§42.  Police  Magistrate.  Appointment.  Va- 
cancy. (Sec.  2)  The  police  magistrate  shall  be  a])- 
pointed  by  the  city  council,  and  such  an  appointment 
shall  be  for  an  indefinite  term.  In  case  of  the  tem- 
])orary  absence,  sickness  or  other  inability  of  the 
police  magistrate  to  act,  the  mayor  may  appoint  some 
coni])etent  person  to  act  as  such  police  magistrate, 
and  such  a]:>pointment  shall  be  in  writing,  and  in 
such  case  the  person  so  appointed  sliall  act  in  the 

74 


place  and  stead  of  siicli  police  magistrate  until  tlie 
disability  of  such  police  magistrate  is  removed. 

§43.  City  Council  Furnish  Supplies.  (Sec.  3) 
The  city  council  shall  furnish  the  necessary  books, 
stationery,  blanks,  furniture  and  fuel  required  for 
the  use  of  such  court,  together  with  suitable  rooms 
for  the  proper  conducting  of  the  business  of  said 
court. 

§44.  Jurisdiction  of  Court  . (Sec.  4)  The  police 
court  shall  have  exclusive  original  jurisdiction  to 
hear,  try  and  determine  all  charges  of  misdemeanor 
as  declared  by  the  charter  and  all  causes  arising 
under  any  of  the  ordinances  of  the  city  for  a viola- 
tion thereof.  There  shall  be  no  trial  by  jury  and 
there  shall  be  no  change  of  venue  from  said  court. 

§45.  Qualifications  of  Magistrate.  (Sec.  5)  The 
police  magistrate  shall  be  a resident  of  this  city,  and 
a qualified  elector  therein,  and  an  attorney  at  law 
regularly  licensed  to  practice  law  in  this  state. 

§46.  Compensation  of  Magistrate.  (Sec.  6)  The 
police  magistrate  shall  receive  a salary  of  one  hun- 
dred dollars  per  month,  payable  monthly  by  the  city, 
and  shall  not  receive  any  fees  or  other  compensation 
for  his  services  as  police  magistrate. 

§47.  Process.  (Sec.  7)  All  processes  issued  from 
out  of  said  court  shall  run  in  the  name  of  the  people 
of  the  State  of  Colorado  and  be  signed  or  attested  by 
the  police  magistrate. 

§48.  Process,  How  Executed.  (Sec.  8)  The  chief 
of  police  or  any  member  of  the  police  force  of  the 
city,  may  execute  any  process  or  writ  issued  out  of 
or  by  said  court  in  any  case  arising  under  the  charter 
or  the  ordinances  of  the  city. 

§49.  Bond  of  Magistrate.  (Sec.  9)  The  police, 
75 


magistrate  shall  give  bond  to  the  city  in  the  sum  of 
two  thousand  dollars,  which  bond  shall  be  approved 
by  the  mayor,  and  be  conditioned  for  the  faithful  per- 
formance of  the  duties  of  the  office  of  police  magis- 
trate, and  for  the  faithful  accounting  for,  and  pay- 
ment of,  all  money  coming  into  his  hands  by  virtue 
of  said  office. 

§50.  Powers.  (Sec.  10)  The  police  magistrate 
shall  have  full  power  and  authority  to  make  and 
adopt  rules  and  regulations  for  conducting  the  busi- 
ness of  the  police  court,  and  he  shall  have  all  the 
power  incident  to  a court  of  record  in  relation  to  the 
attendance  of  witnesses,  the  punishment  of  contempt, 
and  enforcing  all  orders  of  said  court;  provided, 
however,  that  no  imprisonment  for  contempt  shall 
exceed  five  days,  and  no  fine  for  such  cause  shall  ex- 
ceed one  hundred  dollars. 

§51.  Examine  Affidavits  and  Complaints.  Ses- 
sions of  Court.  (Sec.  11)  The  police  magistrate  shall, 
at  all  times,  receive  and  examine  affidavits  and  com- 
plaints for  the  violation  of  any  city  ordinance,  or 
misdemeanors  under  the  charter,  and  shall  issue  a 
summons  or  warrant  in  every  case  where  there  is 
probable  cause  to  believe  that  an  offense  has  been 
committed;  he  shall  hold  regular  sessions  of  his 
court  every  day,  Sundays  and  legal  holidays  ex- 
cepted, for  the  trial  of  cases.  [Ord.  No.  805,  passed 
Apr.  27,  1910.] 

§52.  Ordinances  Can  Be  Stated  by  Number. 
When  Title  and  Date  Necessary.  (Sec.  12)  In  all  ac- 
tions for  the  recovery  of  any  fines  or  penalties  in- 
curred for  a violation  of  any  provisions  of  the 
charter,  or  of  any  ordinance,  or  police,  or  health  reg- 
ulation of  the  city,  it  shall  1)0  sufficient  to  state  in 
the  complaint  or  affidavit  the  number  of  the  section 
of  the  charter,  and  the  general  or  code  number  of  the 

76 


section  of  the  ordinance  violated  when  such  section 
is  contained  in  the  published  code  of  Colorado 
Springs,  without  stating  anything  more  as  to  the 
nature  or  character  of  the  offense  charged ; when  the 
section  of  the  ordinance  charged  to  be  violated  is  not 
contained  in  said  published  code,  it  shall  be  sufficient 
to  state  in  the  complaint,  or  affidavit,  the  number  of 
the  section  and  the  title  of  the  ordinance  violated, 
together  with  the  date  of  its  passage,  without  any 
other  statement  as  to  the  substance  of  the  ordinance. 
[Ord.  No.  805,  Sec.  12,  passed  Apr.  27,  1910,  as 
amended  by  Ord.  No.  893,  Sec.  32,  passed  Jan.  29, 
1913.] 

§53.  Actions,  How  Commenced.  (Sec.  13)  All 

actions  to  recover  any  tine,  or  to  enforce  any  penalty 
or  forfeiture  under  the  charter  or  any  ordinance, 
shall  be  in  the  name  of  the  city  of  Colorado  Springs. 
All  cases  for  the  violation  of  any  ordinance  shall  be 
commenced  by  summons;  provided,  however,  that 
a warrant  for  the  arrest  of  the  accused  may  issue  in 
the  first  instance  upon  the  affidavit  of  any  person 
that  any  such  ordinance  has  been  violated,  and  that 
the  person  making  the  complaint  has  reasonable 
ground  to  believe  that  the  party  charged  is  guilty 
thereof,  and  every  person  arrested  upon  such  war- 
rant, shall  without  unnecessary  delay,  be  taken  be- 
fore the  police  court  to  be  tried  for  the  alleged  of- 
fense. 

§54.  Bail.  By  Whom  Taken.  (Sec.  14)  Every 
person  arrested  under  authority  of  the  city  shall  have 
the  right  to  be  taken  immediately  before  the  police 
court,  or  the  judge  thereof,  if  he  is  to  be  found  at  his 
office,  and  to  give  good  and  sufficient  bond  for  his 
appearance  to  answer  for  the  offense  charged,  such 
bond  to  be  approved  by  the  police  magistrate;  in 
case  the  said  police  magistrate  can  not  be  found  at 

77 


ilis  office,  the  chief  of  i)olice  or  any  police  sergeant 
may  take  bail  and  apj^rove  the  bond  until  the  next 
session  of  the  i)olice  court.  The  officer  approving 
such  bond  shall  collect  therefor  the  sum  of  fifty  cents, 
it  shall  be  the  duty  of  the  officer  approving  such 
bond  and  collecting  the  fee  therefor  to  report  to  and 
pa}^  over  all  money  so  collected  to  the  treasurer,  and 
such  report  and  payment  shall  be  made  each  day  be- 
fore the  close  of  business  hours,  except  on  Sunday 
and  legal  holidays  when  such  report  and  payment 
shall  be  made  before  the  close  of  business  hours  on 
the  next  succeeding  secular  day. 

§55.  Default.  Forfeiture  of  Bond.  Suit  on 
Bond.  (Sec.  15)  In  case  any  defendant  in  any  cause 
before  the  police  court  of  the  city  shall  fail  to  appear 
according  to  the  terms,  requirements  and  conditions 
of  his  bond  for  appearance,  or  appearing  shall  depart 
the  court  without  leave,  the  police  magistrate  shall 
declare  his  bond  forfeited;  and  thereupon  proceed- 
ings shall  be  instituted  in  a court  of  competent  juris- 
diction in  the  name  and  on  behalf  of  the  city  for  the 
recovery  of  the  penalty  in  such  bond  named. 

§56.  Proceedings  on  Default.  (Sec.  16)  When 
any  defendant  duly  summoned  or  admitted  to  bail, 
fails  to  appear  at  the  time  his  ease  is  made  returna- 
ble or  set  for  trial,  the  police  magistrate  may  hear 
and  examine  the  testimony  offered  on  the  part  of  the 
city,  and  shall  thereupon  render  judgment  by  default 
against  the  defendant  for  such  amount,  under  the 
ordinance  of  the  city,  as  the  court  may  deem  just. 

§57.  Continuance.  (Sec.  17)  A party  in  custody 
who  cannot  be  tried  on  account  of  the  absence  of 
witnesses,  or  for  any  other  good  and  sufficient  cause, 
and  who  cannot  give  bail  for  his  appearance  at  the 
time  to  which  his  case  may  be  continued,  may  be 
confined  in  the  citv  jail  or  other  place  of  confinement 

78 


provided  for  that  purpose,  not  exceeding  five  days, 
and  ill  that  case  the  police  magistrate  shall  deliver, 
or  cause  to  be  delivered  to  the  officer  committing 
such  person,  a mittimus  stating  the  cause  of  deten- 
tion. 


§58.  Satisfying  Fine  Imposed.  Imprisonment. 
Rock  Breaking.  (Sec.  18)  Every  person  against 
whom  any  fine,  penalty  or  forfeiture  shall  be  recov- 
ered under  the  charter  or  under  any  ordinance  of  the 
city,  who  shall  refuse  or  neglect  to  pay  the  same,  to- 
gether with  the  costs  taxed  therewith,  when  de- 
manded upon  execution,  and  shall  be  committed  in 
default  thereof  to  the  city  jail,  shall  labor  at  break- 
ing rock  for  the  city,  in  such  suitable  place  or  en- 
closure as  shall  be  provided  by  said  city,  under  the 
direction  of  the  proper  officers,  until  said  fine,  pen- 
alty or  forfeiture,  and  the  costs  therewith  assessed, 
are  fully  j^aid  and  satisfied,  said  satisfaction  to  be 
credited  at  the  rate  of  two  dollars  per  day  of  eight 
hours;  provided,  however,  that  female  prisoners 
shall  not  be  required  to  perform  such  labor,  nor  boys 
under  the  age  of  eighteen  years. 

§59.  Working  Out 'Fine.  Security.  (Sec.  19) 
During  the  time  that  any  person  is  working  out  his 
fine,  forfeiture  or  penalty,  as  provided  in  the  fore- 
going section,  he  shall  each  night  be  committed  for 
safe  keeping  to  the  city  jail,  unless  he  shall  give 
security  in  double  the  amount  of  the  fine  and  costs, 
to  be  approved  by  the  police  magistrate,  that  he  will 
appear  from  day  to  day  and  work  until  such  fine  and 
costs  shall  have  been  fully  worked  out  or  otherwise 
paid. 

§60.  Chief  of  Police  Report  Monthly.  (Sec.  20) 
The  chief  of  police  shall  at  the  end  of  every  month 
make  a report  to  the  council  showing: 

79 


(1)  The  number  of  days  work  performed  in 
pursuance  of  the  foregoing  provision  during  the  pre- 
ceding month. 

(2)  The  names  of  all  persons  committed  by 
judgment  of  said  court,  together  with  the  amount  of 
lines,  penalties  and  costs  imposed  in  each  case. 

(3)  The  names  of  all  persons  pardoned,  or 
whose  tines  have  been  suspended  or  remitted  after 
such  committal. 

(4)  All  persons  who  have  completed  their  terms 
of  imprisonment,  or  who  may  have  escaped. 

(5)  All  persons  giving  recognizances  for  ap- 
pearance in  said  court. 

§61.  No  Witness  Fees  When  Judgment  Against 
City.  (Sec.  21)  In  cases  where  judgment  is  rendered 
against  the  city  there  shall  be  no  fees  taxed  for  wit- 
nesses. 

§62.  Acquittal.  Costs  Taxed.  (Sec.  22)  In  all 
prosecutions  for  the  recovery  of  a fine,  or  the  imposi- 
tion of  a penalty,  when  the  defendant  shall  be  ac- 
quitted, the  informer  or  prosecutor  may,  in  the  dis- 
cretion of  the  police  magistrate,  be  adjudged  to  pay 
the  costs  of  witnesses  taxed  in  the  case,  if  it  appears 
to  the  satisfaction  of  said  court  that  the  prosecution 
was  instituted  vexatiously,  maliciously  or  without 
reasonable  cause. 

§63.  Fees  and  Costs  in  Police  Court.  (Sec.  23) 
It  shall  be  the  duty  of  the  police  magistrate  of  the 
city  to  tax  the  following  fees  and  costs  in  all  suits 
and  proceedings  in  said  court  wherein  judgment  is 
rendered  against  the  defendant,  to-wit: 

For  the  issue  and  service  of  process,  trial  of 
cause  and  entry  of  judgment,  two  dollars  and  fifty 
cents. 


8o 


For  fees  of  witnesses  for  the  plaintilf,  seventy- 
five  cents  each  per  day;  provided,  that  no  officer  or 
other  agent  or  employe  of  the  city  shall  be  entitled  to 
receive  any  fee  as  a witness  in  any  such  suit  or  pro- 
ceeding while  in  the  employ  of  the  city,  and  in  such 
cases  no  such  witness  fee  shall  be  taxed;  and  that 
defendants  may  have  subpoenas  issued  for  witnesses 
upon  the  deposit  with  the  police  magistrate  of  a wit- 
ness fee  of  seventy-five  cents  per  day,  and  the  further 
sum  of  twenty-five  cents  for  the  issuing  of  each  sub- 
poena. 

For  filing  and  approving  an  appeal  bond,  fifty 
cents. 

For  taking  a recognizance  for  appearance,  fifty 
cents. 

For  transcript  of  the  record  on  appeal,  one  dol- 
lar. 


And  upon  the  taking  of  any  appeal  such  tran- 
script and  all  original  papers  in  the  case  shall  be 
lodged  by  the  police  magistrate  with  the  clerk  of  the 
county  court  of  El  Paso  County,  and  not  by  any  other 
person. 

§64.  Police  Magistrate  Pay  Fines  and  Costs  to 
Treasurer  Daily.  (Sec.  24)  It  shall  be  the  duty  of  the 
police  magistrate  to  report  to  and  pay  over  all  money 
collected  as  costs,  fines  and  penalties  to  the  treasurer, 
and  such  report  and  payment  shall  be  made  each  day, 
excepting  on  Sundays  and  legal  holidays,  when  such 
report  and  payment  shall  be  made  on  the  succeeding 
secular  day;  provided,  that  witness  fees  collected 
by  him  from  defendants  may  be  paid  by  him  to  the 
witnesses,  and  in  such  cases  said  report  shall  contain 
a statement  showing  the  payment  of  all  witness  fees 
so  collected  and  paid. 


8i 


§65.  Fines  and  Costs  Must  Be  Paid  to  the  Police 
Magistrate.  Penalty.  (Sec.  25)  All  lines,  penalties 
and  costs  shall  be  paid  to  the  police  magistrate  of 
said  court,  and  to  no  other  person;  and  each  officer 
above  mentioned  who  shall  neglect  or  fail  to  comply 
with  the  provisions  of  this  section  shall,  upon  con- 
viction, be  fined  in  a sum  not  less  than  ten  nor  more 
than  twenty-live  dollars  for  each  offense. 

§66.  Police  Magistrate  Report  Monthly  to  Coun- 
cil and  Auditor.  (Sec.  26)  It  shall  be  the  duty  of  the 
police  magistrate,  on  or  before  the  fifth  day  of  each 
month,  to  make  and  file  with  the  auditor  a detailed 
report,  a copy  of  which  shall  also  be  furnished  the 
council,  which  report  shall  show: 

First — The  total  number  of  prosecutions  com- 
menced in  said  court  during  the  month  covered  by 
said  report. 

Second — The  names  of  all  persons  convicted  in 
said  court,  placing  in  separate  columns  on  the  debit 
side: 

(1)  The  amount  of  all  costs  taxed,  and  in  like 
manner  on  the  credit  side, 

(1)  Whether  said  fines,  penalties  and  costs 
have  been  paid ; 

(2)  Whether  suspended  or  remitted; 

(3)  Whether  the  defendant  has  been  committed 
to  the  city  jail  for  default  in  payment  thereof; 

(4)  The  total  amount  of  money  paid  to  city 
treasurer. 

(5)  The  names  of  all  defendants  appealing;  and 

(6)  The  names  of  all  persons  pardoned.  [Ord. 
No.  805,  passed  Apr.  27,  1910.] 

82 


§67.  Appeals.  (See.  27)  Appeals  may  be  taken 
from  all  judgments  of  said  court  to  the  county  court 
of  El  Faso  County,  when  the  case  shall  be  tried  ‘ ‘ de 
novo;’’  no  appeal  of  any  case  tried  in  the  police 
court  shall  be  taken  from  the  county  court  to  the 
district  court;  and  no  appeal  shall  be  allowed  from 
the  police  court  unless  the  party  appealing  shall  with- 
in live  days  execute  a bond,  with  good  surety,  to  be 
approved  by  the  police  magistrate,  to  the  city,  in  such 
penal  sum  as  may  be  fixed  by  the  court,  conditioned 
that  he  will  duly  prosecute  such  appeal,  and  will  pay 
off  and  satisfy  any  judgment  that  may  be  rendered, 
upon  the  trial  of  said  case  in  said  court,  or  dismissal 
of  the  appeal,  and  shall  within  ten  days  from  the  ex- 
ecution and  approval  of  said  bond,  pay  to  the  clerk 
of  said  county  court  the  fee  required  by  the  rules  of 
said  court  for  the  docketing  of  said  cause.  Upon  the 
execution  of  such  bond,  and  the  payment  of  said 
costs,  the  judgment  shall  be  superseded.  Action 
may  be  instituted  upon  such  appeal  bond,  in  the  name 
of  the  city.  *[Ord.  No.  805,  Sec.  27,  passed  Apr.  27, 
1910,  as  amended  by  Ord.  No.  893,  passed  Jan.  29, 
1913.] 


§68.  Repeal.  (Sec.  28)  All  laws  and  parts  of 
laws  in  conflict  or  inconsistent  with  any  of  the  provi- 
sions of  this  ordinance  are  hereby  superseded,  and 
all  ordinances  in  conflict  with  any  of  the  provisions 
of  this  ordinance  are  hereby  repealed.  [Ord.  No. 
805,  passed  Apr.  27, 1910.] 

§69.  Police  Magistrate  May  Practice  Law.  Pro- 
viso. (Sec.  1)  Permission  is  hereby  granted  police 
magistrates  of  Colorado  Springs,  when  such  officer  is 
an  attorney  at  law,  to  practice  his  profession  in  the 
courts  of  record  in  this  state,  providing  that  he 
shall  be  in  no  way  connected  as  an  attorney  with  any 
matter  in  the  courts  which  originated  in  the  police 

83 


court  of  Colorado  Springs,  and  provided  further  that 
he  shall  in  no  wise  engage  or  assist,  directly  or  indi- 
rectly, in  the  prosecution  of  any  legal  matter  against 
the  city. 

§70.  Violation.  Penalty.  (Sec.  2)  Violation  of 
this  ordinance  by  the  police  magistrate  of  Colorado 
Springs  shall  be  good  and  sufficient  cause  for  imme- 
diate removal  from  office.  [Ord.  No.  774,  passed 
Sept.  13, 1909.] 


ARTICLE  8. 

OF  THE  BONDING  OF  CITY  OFFICERS  AND 
EMPLOYES. 

§71.  Amounts  of  Bonds.  (Sec.  1)  That  the  re- 
spective officers  and  employes  hereinafter  named 
shall  be  bonded  to  the  city  of  Colorado  Springs  in 
some  responsible  bonding  or  surety  company  for  and 
in  the  sum  hereinafter  mentioned: 

City  treasurer,  $75,000;  city  auditor,  $10,000; 
deputy  city  auditor,  $1,000;  city  clerk,  $5,000;  dep- 
uty city  clerk,  $2,500 ; police  magistrate,  $2,000 ; wa- 
ter superintendent,  $2,500 ; clerk  of  the  water  super- 
intendent, $1,000;  water  commissioner,  $10,000; 
chief  clerk  to  the  water  commissioner,  $1,500 ; second 
clerk  to  the  water  commissioner,  $1,500 ; chief  of  po- 
lice, $1,500;  chief  of  fire  department,  $1,000;  assist- 
ant chief  of  fire  department,  $500;  city  electrician, 
$1,000;  pound  master,  $500;  street  commissioner, 
$1,000;  city  engineer,  $1,000;  janitor  city  hall,  $500; 
health  officer,  $1,000;  city  chemist,  $1,000;  clerk 
of  health  department,  $1,000;  market  master,  $1,000; 

84 


plumbing  inspector,  $1,000;  superintendent  of  cem- 
etery, $1,000;  weigh  masters,  $1,000  each;  secretary 
of  park  commission,  $1,000 ; city  librarian,  $500. 

§7iii.  Fees  Paid  by  City.  (Sec.  2)  The  fees 
charged  by  the  bonding  or  surety  company  bonding 
said  officers  or  employes  shall  be  paid  by  the  city  of 
Colorado  Springs.  [Ord.  No.  809,  passed  June  11, 
1910.] 


ARTICLE  9. 

OF  ORDINANCES. 

§73.  Rules  of  Construction.  (Sec.  281)  In  the 
construction  of  all  ordinances  of  this  city,  the  fol- 
lowing rules  shall  be  observed  unless  such  construc- 
tion is  excluded  by  express  provision  of  the  ordi- 
nance or  is  inconsistent  with  the  manifest  intent  of 
the  council,  or  repugnant  to  the  context  of  the  same 
ordinance,  that  is  to  say: 

(1)  All  general  provisions,  terms,  phrases  and 
expressions  shall  be  liberally  construed  in  order  that 
their  true  intent  and  meaning  may  be  fully  carried 
out. 

(2)  Words  in  the  present  tense,  include  the 
future. 

(3)  Words  importing  the  singular  number  may 
extend  and  be  applied  to  several  persons  or  things 
and  words  importing  the  plural  number,  may  include 
the  singular. 

(4)  Words  importing  the  masculine  gender  may 
be  applied  to  the  feminine. 

85 


(»j)  word  ^‘person”  or  “persons”  as  well 

as  all  words  referring  to  or  importing-  persons,  may 
extend  and  be  a})plied  to  firms,  to  bodies  politic  and 
cori)orate  as  well  as  to  individuals. 

(0)  Tlie  word  “heretofore”  shall  mean  any 
time  previous  to  the  day  on  which  the  ordinance 
takes  effect  and  the  word  “hereafter”  at  any  time 
after  such  day. 

(7)  The  term  “laws  and  ordinances  now  in 
force”  and  words  of  similar  import  shall  mean  the 
laws  and  ordinances  in  force  at  the  time  the  ordi- 
nance containing-  the  words  takes  effect. 

(8)  The  term  “court”  includes  courts  not  of 
record  as  well  as  courts  of  record. 

(9)  The  term  “mayor”  shall  apply  as  well  to 
the  “acting-  mayor”,  and  the  term  “council”  shall 
mean  the  city  council.  And  the  terms  “attorney,” 
“auditor,”  “clerk,”  “engineer”  and  “treasurer,” 
shall  mean  the  city  attorney,  city  auditor,  city  clerk, 
city  engineer  and  city  treasurer,  as  may  be. 

§74.  When  Repeal  Takes  Effect.  (Sec.  282). 
Whenever  any  ordinance  or  part  of  any  ordinance 
shall  be  repealed  or  modified  by  subsequent  ordi- 
nance, the  ordinance  or  part  of  ordinance  thus  re- 
pealed or  modified  shall  continue  in  force  until  the 
ordinance  repealing-  or  modifying  the  same  shall  take 
effect,  unless  therein  otherwise  expressly  provided. 

§75.  Offenses  Punishable  Under  Different  Ordi- 
nances. Election.  (Sec.  283)  In  all  cases  when  the 
same  act  or  offense  may  be  punishable  under  differ- 
ent ordinances  or  different  clauses  of  the  same  ordi- 
nance, the  attorney  may  elect  under  which  of  said 
ordinances  or  clauses  to  proceed,  but  not  more  than 
one  recovery  shall  he  had  against  tlie  same  ]>erson 
for  the  same  offense. 


86 


§76.  Penalty  When  No  Penalty  Has  Been  Pro- 
vided. (See.  :284)  Whenever  in  any  ordinance  the 
doiiii>’  or  omission  of  any  act  is  declared  to  l)e  a vio- 
lation thereof  or  forbidden,  and  no  fine  or  penalty  is 
specially  ])i*ovided  for  such  violation,  any  person 
convicted  of  such  violation  shall  be  fined  not  less  than 
two  nor  more  than  three  hundred  dollars. 

§77.  Repeal  of  a Repealing  Ordinance  Not  to 
Revive  the  Former  One.  (Sec.  285)  When  any  ordi- 
nance repealing  any  former  ordinance,  clause  or  pro- 
vision shall  itself  be  repealed,  such  last  repeal  shall 
not  be  construed  to  revive  the  former  original  ordi- 
nance, clause  or  provision,  unless  therein  so  expressly 
provided. 

§78.  Rights,  Etc.,  Saved.  (Sec.  286)  No  new 
ordinance  shall  be  construed  to  repeal  a former  ordi- 
nance, whether  such  former  ordinance  is  expressly 
repealed  or  not,  as  to  any  offense  committed  against 
the  former  ordinance,  or  as  to  any  act  done,  any  pen- 
alty, forfeiture  or  punishment  incurred  or  any  right 
accrued,  or  claim  arising  under  the  former  ordinance, 
or  in  any  way  whatever  to  affect  any  such  offense  or 
act  or  any  penalty,  forfeiture  or  punishment  so  in- 
curred, or  any  claim  arising  before  the  new  ordinance 
takes  effect,  save  only  that  the  proceedings  there- 
after shall  conform,  so  far  as  practicable,  to  the  or- 
dinances at  the  time  of  such  proceeding.  If  any  pen- 
alty, forfeiture  or  punishment  be  mitigated  by  the 
provisions  of  a new  ordinance,  such  provision  may, 
by  the  consent  of  the  party  affected,  be  applied  to 
any  judgment  pronounced  after  the  new  ordinance 
takes  effect.  This  section  shall  extend  to  all  repeals 
herewith  [hereafter]  by  express  words  or  by  impli- 
cation. [Ord.  730,  Chap.  21,  passed  Apr.  3,  1907.] 


87 


ARTICLE  10. 


OF  THE  DIVISION  OF  THE  CITY  INTO  WARDS. 

§79.  (Sec.  1 ) The  division  of  the  city  into  wards 
and  the  honndaries  thereof  shall  be  as  follows,  to-wit: 

Ward  No.  1. — All  that  portion  of  said  city  lying 
east  of  the  center  line  of  Monument  creek  and  north 
of  a line  running  east  from  the  center  line  of  Mon- 
ument creek  along  the  center  line  of  Audley  place 
to  the  center  line  of  Cascade  avenue;  thence  south 
along  the  center  line  of  Cascade  avenue  to  a point 
opposite  the  center  line  of  Uintah  street;  thence  east 
along  the  center  line  of  Uintah  street  and  the  line 
running  east  therefrom,  in  continuation  thereof,  shall 
be  designated  and  known  as  Ward  No.  1. 

Ward  No.  2. — All  that  portion  of  said  city  lying 
west  of  the  center  line  of  Nevada  avenue,  and  north 
of  a line  running  west  from  the  center  line  of  Nevada 
avenue  along  the  center  line  of  Pikers  Peak  avenue 
to  the  center  line  of  Cascade  avenue;  thence  south 
along  the  center  line  of  Cascade  avenue  to  the  center 
line  of  Huerfano  street;  thence  west  along  the  center 
line  of  Huerfano  street  to  the  center  line  of  Spruce 
street;  and  east  of  a line  running  north  from  the 
center  line  of  Huerfano  street  along  the  center  line 
of  Spruce  street  to  the  center  line  of  the  Mesa  road; 
thence  east  along  the  center  line  of  the  Mesa  road 
to  the  center  line  of  Monument  creek;  thence  north 
to  a point  opposite  the  center  line  of  Audley  place; 
and  south  of  a line  commencing  at  the  center  line  of 
Nevada  avenue  and  running  west  along  the  center 
line  of  Uintah  street  to  the  center  line  of  Cascade 
avenue;  thence  north  along  the  center  line  of  Cas- 
cade avenue  to  a point  opposite  the  center  line  of 
Audley  place;  thence  west  along  the  center  line  of 

88 


Audley  place  to  the  center  line  of  Monument  creek, 
shall  he  designated  and  known  as  Ward  No.  2. 

Ward  No.  3. — All  that  portion  of  said  city  lying 
east  of  the  center  line  of  Nevada  avenue  and  north 
of  a line  commencing  at  the  center  line  of  Nevada 
avenue  and  extending  east  along  the  center  line  of 
Platte  avenue  and  the  line  running  east  therefrom, 
in  continuation  thereof,  and  south  of  a line  running 
east  from  the  center  line  of  Nevada  avenue  along  the 
center  line  of  Uintah  street  and  the  line  running  east 
therefrom,  in  continuation  thereof,  shall  he  desig- 
nated and  known  as  Ward  No.  3. 

Ward  No.  4. — All  that  portion  of  said  city  en- 
closed by  the  following  boundary  line,  to-wit:  Be- 
ginning at  the  intersection  of  the  center  lines  of 
Platte  and  Nevada  avenues;  thence  south  along  the 
center  line  of  Nevada  avenue  to  the  center  line  of 
Yermijo  avenue;  thence  east  along  the  center  line 
of  Yermijo  avenue  to  the  center  line  of  Shook ’s  run ; 
thence  in  a northerly  direction  with  the  meanderings 
of  Shook’s  run,  the  center  of  its  main  channel  being 
the  line,  to  where  said  center  line  intersects  the  cen- 
ter line  of  Pike’s  Peak  avenue;  thence  east  along  the 
center  line  of  Pike’s  Peak'  avenue  and  the  line  run- 
ning east  therefrom,  in  continuation  thereof,  to  the 
eastern  boundary  line  of  the  city;  thence  in  a north- 
erly direction  with  the  eastern  boundary  line  of  said 
city  to  where  said  boundary  line  intersects  the  center 
line  of  Platte  avenue;  thence  west  along  the  center 
line  of  Platte  avenue  to  the  place  of  beginning,  shall 
be  designated  and  known  as  Ward  No.  4. 

Ward  No.  5.— All  that  portion  of  said  city  lying 
east  of  the  center  line  of  Nevada  avenue  and  the  line 
running  south  therefrom,  in  continuation  tliereof, 
and  south  and  east  of  a line  running  east  from  the 

89 


center  line  ot  Nevada  avenue  along  the  center  line  of 
VNu'niijo  avenue  to  the  center  line  of  Shook’s  run; 
thence  northeasterly  along  the  center  line  of  Shook’s 
run  to  the  center  line  of  Pike’s  Peak  avenue;  thence 
east  along  the  center  line  of  Pike’s  Peak  avenue  and 
the  line  running  east  therefrom  in  continuation  there- 
of, shall  he  designated  and  known  as  Ward  No.  5. 

Ward  No.  6. — All  that  portion  of  said  city  lying 
west  of  the  center  line  of  Nevada  avenue  and  the  line 
running  south  therefrom,  in  continuation  thereof, 
and  south  of  a line  running  west  from  the  center  line 
of  Nevada  avenue  along  the  center  line  of  Yermijo 
avenue  and  the  line  running  west  therefrom,  in  con- 
tinuation thereof,  shall  be  designated  and  known  as 
AYard  No.  6. 

Ward  No.  7. — All  that  portion  of  said  city  lying 
west  of  the  center  line  of  Nevada  avenue,  south  of 
the  Second  and  Eighth  wards,  west  of  the  Eighth 
ward  and  north  of  the  Sixth  ward,  shall  be  desig- 
nated and  known  as  Ward  No.  7. 

Ward  No.  8. — All  that  portion  of  said  city  lying 
west  of  a line  running  from  the  center  line  of  Huer- 
fano street  north  along  the  center  line  of  Spruce 
street  to  the  center  line  of  the  Mesa  road;  thence 
east  along  the  center  line  of  the  Mesa  road  to  the 
center  line  of  Monument  creek;  thence  northerly 
along  the  center  line  of  Monument  creek  to  the  city 
limits;  and  north  and  east  of  a line  running  from  the 
center  line  of  Spruce  street  west  along  the  center 
line  of  Huerfano  street  to  the  center  line  of  Pitkin 
street;  thence  north  along  the  center  line  of  Pitkin 
street  to  the  center  line  of  AYest  Pike’s  Peak  avenue; 
thence  westerly  along  the  center  line  of  Pike’s  Peak 
avenue  to  the  center  line  of  Limite  street;  thence 
north  along  the  center  line  of  Limite  street  and  the 
continuation  thereof  to  the  northerly  line  of  the  city 

90 


limits,  shall  be  designated  and  known  as  Ward  No.  8. 
[Ord.  No.  (313,  passed  May  26, 1902.] 


ARTICLE  11. 

GENERAL  PROVISIONS. 

§80.  Copies  of  Papers.  Transcripts  of  Records. 
Certified  by  City  Clerk  Under  Corporate  Seal.  Re- 
ceived in  Evidence.  (Sec.  9)  Copies  of  all  papers 
filed  in  the  office  of  the  clerk,  and  transcript  of  the 
records  of  the  council,  and  any  record  in  the  office 
of  the  clerk,  duly  certified  by  him,  under  the  corpo- 
rate seal  of  the  city,  shall  be  received  in  evidence  in 
all  courts  of  this  state.  [Ord.  No.  730,  Sec.  9,  passed 
Apr.  3,  1907,  as  amended  by  Ord.  No.  894,  Sec.  3, 
passed  Feb.  5,  1913.] 

§81.  Establishing  the  Corporate  Seal.  (Sec.  1) 
That  the  seal,  the  impression  of  which  is  as  follows: 
In  the  center  the  words,  ‘^SEAL,  INCORPORATED 
SEPTEMBER  3,  1872,’’  and  around  the  outer  edge, 
the  words,  ‘^COLORADO  SPRINGS,  COLORADO,” 
shall  be  and  is  hereby  declared  to  be  the  seal  of  the 
city  of  Colorado  Springs.  [Ord.  No.  210,  passed  July 
20,'  1885.] 

§82.  Office  Hours,  Offices  in  City  Hall.  (Sec. 
1)  That  all  city  offices  maintained  in  the  city  hall 
shall  be  kept  open  to  the  public  from  eight  o’clock 
in  the  forenoon  to  five  o’clock  in  the  afternoon  of 
each  and  every  day  in  the  week,  except  on  Sundays, 
and  other  legal  holidays,  unless  the  council  shall  by 
resolution  otherwise  provide.  [Ord.  No.  780,  passed 
Oct.  27,  1909.] 

91 


§83.  Salaries  Fixed  Annually.  (Sec.  275)  The 
salaries  or  compensation  of  all  officers,  clerks  and 
employes  of  the  city  unless  otherwise  provided  in 
this  ordinance  shall  be  determined  and  fixed  by  the 
council,  and  shall  be  provided  for  in  the  annual  ap- 
propriation ordinance. 

§84.  Salaries  Payable.  (Sec.  276)  The  salaries 
of  the  mayor,  auditor,  attorney,  clerk,  treasurer,  en- 
gineer and  the  members  of  the  council  shall  be  due 
and  payable  monthly.  And  the  salaries  or  compen- 
sation of  all  other  officers  and  employes  of  the  city 
shall  be  due  and  payable  semi-monthly. 

§85.  Reports.  (Sec.  277)  All  officers  of  the  city 
shall  in  addition  to  the  reports  required  by  any  ordi- 
nance to  be  made  by  them,  report  to  the  mayor  in 
writing  when  requested,  the  condition  of  their  re- 
spective offices  and  of  the  business  and  all  matters 
therein  touching  the  interests  of  the  city. 

§86.  Delivery  of  Property  to  Successor.  (Sec. 

278)  Every  person  having  been  an  officer  of  the  city, 
shall  at  the  time  liis  successor  in  office  shall  qualify, 
deliver  to  such  successor,  all  property,  books  and 
effects  of  every  kind  in  his  possession  belonging  to 
the  city  or  appertaining  to  his  office. 

§87.  Penalty.  (Sec.  280)  Any  officer  violating 
any  provisions  of  this  chapter  shall  be  deemed  guilty 
of  misconduct  in  office  and  shall  be  liable  to  removal 
from  office  therefor.  [Ord.  No.  730,  Chap.  20,  passed 
Apr.  3, 1907.] 


ARTICLE  12. 

OF  THE  PLAYGROUND  COMMISSION. 

§88.  Commission  Established.  (Sec.  1)  There  is 
hereby  established  a Playground  Commission. 

92 


§89.  Members  of  Commission.  (Sec.  2)  The 
playgTOuiid  commission  shall  consist  of  five  (5)  per- 
sons to  be  appointed  by  the  city  council.  One  of  said 
persons  shall  be  a member  of  the  city  council;  one 
shall  be  a member  of  the  board  of  education  of  school 
district  No.  11,  El  Paso  County,  Colorado,  and  one 
shall  be  a member  of  the  park  commission  of  this 
city.  Two  of  said  members  shall  hold  office  for  a 
term  of  one  year  from  January  1, 1914,  two  for  a term 
of  two  years  from  January  1,  1914,  and  one  for  a 
term  of  three  years  from  January  1,  1914,  and  there- 
after each  member  shall  serve  for  a term  of  two  years 
and  until  his  successor  is  appointed,  provided  that 
the  term  of  office  of  the  members  who  are  selected 
from  the  city  council,  board  of  education  and  the 
park  commission  shall  end  at  the  times  such  members 
cease  to  be  members  of  such  council,  board  of  educa- 
tion or  park  commission,  respectively,  and  a person 
shall  thereupon  be  appointed  to  fill  such  unexpired 
term.  The  city  council  may  by  a unanimous  vote 
remove  any  member  at  any  time  it  so  desires. 

§90.  Control  of  Playgrounds.  (Sec.  3)  Said 
commission  shall  have  control  and  supervision  of  any 
and  all  playgrounds  now  or  hereafter  established 
within  this  city  or  upon  property  of  this  city,  pro- 
vided that  when  such  grounds  are  a part  of  the  park 
system  of  this  city,  it  shall  not  supersede  the  rights 
of  the  park  commission  or  the  city  in  controlling 
such  property. 

§91.  Powers  of  Commission.  (Sec.  4)  Said  play- 
ground commission  shall  have,  power  to  establish  and 
supervise  such  playgrounds  upon  public  or  private 
property  as  it  deems  desirable  and  the  owners  of  such 
property  permit ; may  accept  and  expend  public  and 
private  donations  for  playground  purposes ; may  em- 
ploy playground  supervisors,  directors,  teachers. 


93 


4 


story-tellers  and  instructors,  purchase  and  install  ap- 
paratus and  equipment,  offer  medals  and  prizes  and 
have  all  powers  to  properly  carry  on  supervised  play- 
;L>ronnd  work  and  to  raise  and  expend  funds  therefor. 

§92.  Powers  in  Incurring  Indebtedness.  (Sec. 
5)  Siu'li  commission  shall  have  no  power  to  enter 
into  contracts  to  incur  indebtedness  on  behalf  of  the 
city,  except  upon  the  express  authorization  and  con- 
sent of  the  city  council,  provided  that  it  is  hereby 
autliorized  to  incur  indebtedness  for  apparatus  and 
supervision  in  such  amounts  from  time  to  time  as 
do  not  exceed  the  amount  of  money  then  in  the  city 
treasury  to  its  credit  or  then  appropriated  by  the  city 
council  for  its  use. 

§93.  Funds.  (Sec.  6)  All  funds  of  the  said  com- 
mission shall  be  kept  in  the  city  treasuiw  in  a special 
fund  hereby  designated  the  playground  fund,’’  but 
shall  be  expended  only  at  the  direction  and  author- 
ization of  this  commission. 

§94.  Rules  and  Regulations.  (Sec.  7)  Said  com- 
mission shall  have  power  to  establish  such  rules  and 
regulations  for  the  control  of  its  grounds  and  the 
conduct  of  the  children  and  other  persons  thereon  as 
it  shall  desire  and  it  may  fix  the  age  limit  over  or 
under  which  persons  cannot  play  on  such  grounds. 
It  may  adopt  such  rules  and  regulations  for  its  own 
conduct  and  elect  such  officers  as  it  may  deem  desir- 
able. 

§95.  Members  Serve  Without  Compensation. 

(Sec.  8)  No  member  of  the  commission  shall  receive 
any  compensation  for  serving  on  such  commission. 

§96.  Appropriations.  (Sec.  9)  The.  city  council 
shall  make  such  appropriations  for  such  commission 
as  it  deems  advisable.  [Ord.  No.  922,  passed  Nov. 
26,  1913.] 


94 


CHAPTER  II 


OF  THE  DEPARTMENT  OF  WATER  AND  WATER 
WORKS.  ' 

ARTICLE  1. 

ORGANIZATION  AND  ADMINISTRATION  OF 
DEPARTMENT. 

§97.  Department  an  Entity.  (Sec.  3)  The  de- 
partment of  water  and  water  works  shall  embrace  all 
property,  rights  and  obligations  of  the  city  in  respect 
to  water  and  water  works,  and  shall  insofar  as  prac- 
ticable be  administered  as  an  entity.  To  that  end  all 
contracts,  records  and  muniments  of  title  pertaining 
thereto  shall  be  assembled  and  carefully  preserved, 
and  account  shall  be  kept  of  its  assets,  liabilities, 
receipts  and  disbursements,  separate  and  distinct 
from  the  accounts  of  any  other  department.  Its 
revenue  shall  be  so  applied  that  as  far  as  possible 
the  department  shall  be  self-sustaining. 

§98.  Commissioner  Administer  Department. 

(Sec.  4)  The  commissioner  of  water  and  water  works 
is  charged  with  the  administration  of  said  depart- 
ment. He  shall  appoint  all  such  officials,  assistants 
and  skilled  employes  as  may  be  necessary,  and  may 
secure  the  services  or  advice  of  hydraulic  engineers, 
special  counsel  and  other  experts  for  such  compen- 
sation as  may  be  approved  by  the  council.  ' He  shall 
take  care  that  the  water  supply  of  the  city  is  pre- 
served from  impairment  or  pollution  and  seasonably 
augmented  so  as  to  assure  at  all  times  a supply  of 
potable  water  adequate  for  the  growing  needs  of  the 
city.  To  that  end  he  shall  cause  comparative  inves- 

95 


tigation  to  be  made  of  all  available  reservoir  sites 
and  sources  of  such  water  supply  and  report  thereon 
to  the  council  with  his  recommendations.  He  shall 
also  prepare  and  submit  to  the  council  measures  for 
the  storage  and  augmenting  of  the  city’s  supply  of 
water  for  ditch  and  irrigation  purposes.  He  shall 
cause  adequate  water  measurements  and  tests  to  be 
made  and  record  thereof  preserved. 

§99.  Commissioner  Fix  Rates.  Council  Impose 
Fines.  (Sec.  5)  He  shall,  with  the  approval  of  the 
council  expressed  by  resolution,  fix  rates  and  estab- 
lish regulations  for  the  use  of  water  by  consumers 
and  regulations  for  the  orderly  administration  of  the 
department.  The  council  shall  by  ordinance  impose 
fines  and  penalties  for  the  violation  of  any  of  said 
regulations. 

§100.  Duty  of  Commissioner  as  to  Bonds.  (Sec. 

6)  He  shall,  as  soon  as  may  be  after  this  ordinance 
goes  into  effect,  prepare,  with  the  advice  of  the  com- 
missioner of  finance  a measure  for  the  retirement  by 
purchase  or  redemption  of  the  existing  water  bonds 
of  the  city  through  the  issuance  and  sale  hereby  pro- 
vided for  of  bonds  of  the  city  to  mature  not  later 
than  fifty  years  from  their  date,  bearing  interest  at 
a rate  not  exceeding  four  per  cent,  per  annum  and 
providing  for  payments  into  a sinking  fund  com- 
mencing not  earlier  than  ten  years  from  their  date, 
said  interest  and  sinking  fund  payments  to  be  charg- 
able  primarily  upon  the  revenues  of  the  department, 
and  shall  submit  said  measure  to  the  council  for  ac- 
tion thereon. 

He  shall  from  time  to  time  in  like  manner  pre- 
pare and  submit  to  the  council  for  action  thereon 
measures  for  such  bond  issues  or  other  financing  of 
the  department’s  aifairs  as  the  needs  of  the  city  may 
require. 


96 


§101.  Emergency  Warrants.  (Sec.  7) If  at  any 
time  the  moneys  appropriated  and  available  for  said 
department  shall  be  insufficient  in  his  judgment  to 
meet  any  emergency  arising  in  said  department  since 
the  passage  of  the  last  annual  appropriation  ordi- 
nance the  council  may,  upon  his  requisition  and  by 
resolution  declaratory  of  the  emergency,  cause  emer- 
gency warrants  to  be  issued  in  an  aggregate  amount 
not  exceeding  one  hundred  thousand  dollars  in  any 
one  year,  bearing  interest  at  a rate  not  exceeding- 
six  per  centum  per  annum,  and  payable  out  of  the  re- 
ceipts of  said  department  for  the  ensuing  year,  in- 
cluding proceeds  from  the  sale  of  bonds.  Said  war- 
rants and  the  moneys  realized  thereon  shall  be  ap- 
plied only  to  meeting  the  emergency  so  declared. 

§102.  Water  Department  Employes.  (Sec.  8) 
The  water  superintendent,  the  water  commissioner, 
the  assistant  water  superintendent,  the  clerk  and  all 
assistant  clerks,  or  bookkeepers  of  the  water  depart- 
ment, the  meter  inspector,  the  turn-otf  men,  the  tap- 
pers, all  caretakers  of  the  several  lakes  and  reservoirs 
belonging  to  the  city^s  water  system,  and  all  other 
employes  in  the  water  department  of  the  city  are 
hereby  assigned  and  distributed  to  the  department 
of  water  and  water  works.  The  mayor  shall  purchase 
all  supplies  for  said  department  as  in  the  manner 
provided  by  ordinance.  He  shall  audit  and  approve 
all  pay  rolls,  and  all  bills  and  accounts  for  the  expen- 
diture of  money  in  his  department,  before  the  same 
are  presented  to  the  auditor  for  payment.  He  may 
suspend  or  remove  any  officer  or  employe  in  his  de- 
partment whenever  in  his  judgment  the  public  in- 
terests demand  or  will  be  better  subserved  thereby. 
[Ord.  No.  778,  passed  Oct.  20,  1909.] 

§103.  Salary  of  Mayor  as  Commissioner.  Ac- 
count, in  Department  of  Water  and  Water  Works. 


97 


(Sec.  2)  There  is  hereby  created  in  the  deijartment 
of  water  and  water  works  an  account  entitled  ‘ ‘ salary 
of  mayor  as  commissioner  of  water  and  water 
works.”  [Ord.  No.  773,  passed  Ang.  17,  1909.] 


ARTICLE  2. 

SUPERINTENDENT  OF  WATER  WORKS. 

§104.  Office  Created.  (Sec.  314)  There  is  here- 
by created  the  office  of  superintendent  of  water 
works.  The  superintendent  shall  be  appointed  by 
the  mayor,  and  shall  be  bonded  in  such  sum  and  re- 
ceive such  salary  as  shall  be  provided  by  ordinance. 
In  addition  to  the  duties  and  obligations  hereinafter 
imposed  on  him,  the  superintendent  shall  perform 
such  other  acts  and  things  as  shall  be  assigned  him 
by  the  mayor  acting  as  commissioner  of  the  depart- 
ment of  water  and  water  works. 

§105.  Duties.  Compensation.  (Sec.  315)  The 
superintendent  shall  have  charge  of  the  maintenance 
and  management  of  the  water  works  and  the  care  of 
the  irrigating  ditches,  pipe  lines,  flumes,  reservoirs, 
intakes,  tunnels  and  watersheds.  He  shall  keep 
correct  and  complete  data  of  the  water-works  system 
and  of  all  construction  and  other  work  connected 
therewith  and  of  all  Are  hydrants,  pipes  and  valves 
and  shall  examine  at  least  four  times  a month,  all 
reservoirs  and  all  pipes  and  ditches  leading  into  and 
out  of  the  same,  and  shall  keep  a record  of  the 
amount  of  water  running  into  and  out  of  such  res- 
ervoirs, and  a record  of  the  amount  of  water  running 
out  of  the  sewers,  and  he  shall  make  a report  thereof 

98 


to  the  engineer  at  least  once  a month,  and  the.  en- 
gineer shall  keep  a record  of  the  same.  He  shall 
make  examinations  for  and  furnish  to  the  water 
commissioner  such  information  as  may  he  necessary 
to  determine  the  water  rates  and  shall  deliver  such 
notices  as  shall  he  required  hy  the  water  commis- 
sioner. He  shall,  when  requested  hy  the  mayor,  or 
the  water  commissioner,  inspect  all  pipes,  hose,  fau- 
cets, closets,  haths  and  fixtures,  from  which  water  is 
used.  In  case  of  violation  of  any  rule  or  ordinance 
in  relation  to  sprinkling  or  the  fixtures  or  of  any 
leaking  hose  or  water  running  to  prevent  freezing 
or  any  waste  or  misuse  of  water,  he  shall  at  once 
notify  the  person  owning  or  occupying  the  place 
where  such  violation  occurs.  Such  notice  shall  be 
in  writing  and  a duplicate  thereof  shall  he  filed  with 
the  water  commissioner.  He  shall  make  a report  to 
the  council  at  the  first,  meeting  thereof  in  each 
month,  showing  the  operations  in  his  department 
during  the  preceding  month  and  the  condition  there- 
of; and  on  or  before  the  first  day  of  February  of 
each  year  he  shall  make  such  report  for  the  preced- 
ing year.  He  shall  perform  such  other  duties  as  the 
council  shall  require  and  he  shall  devote  all  of  his 
time  to  the  duties  of  his  office. 

§106.  Assistants  and  Subordinates.  (Sec.  316)  ^ 
The  mayor  shall  appoint  such  assistants  and  subor- 
dinates in  the  department  of  water  and  water  works 
as  he  shall  consider  necessary  for  the  efficient  man- 
agement and  conduct  of  said  department.  The  sal- 
ary of  the  assistants  and  the  subordinates  in  said 
department  shall  be  fixed  by  ordinance  or  by  resolu- 
tion adopted  by  the  council.  Each  assistant  and 
subordinate  in  said  department  shall  be  bonded  in 
such  amount  as  shall  be  provided  by  ordinance,  and 
he  shall  perform  such  duties  as  may  be  assigned  to 
him  by  the  superintendent,  and  by  the  commissioner 

99 


of  the  department  of  water  and  water  works.  [Ord. 
No.  730,  passed  Apr.  3,  1907,  as  amended  by  Ord. 
No.  894,  passed  Feb.  5, 1913.] 


ARTICLE  3. 

THE  WATER  COMMISSIONER. 

§107.  Water  Commissioner.  Appointment. 
Bond.  (Sec.  317)  There  is  hereby  created  the  posi- 
tion of  water  commissioner.  The  water  commis- 
sioner shall  be  appointed  by  the  mayor  for  an  in- 
definite term,  and  may  be  removed  by  the  mayor  or 
by  the  council  at  any  time  as  provided  by  the  char- 
ter. The  water  commissioner  shall  be  bonded  for  the 
faithful  performance  of  the  duties  of  his  office  by  a 
surety  company  in  such  amount  as  shall  be  fixed  by 
ordinance. 

§108.  Duties.  Compensation.  (Sec.  318)  The 
commissioner  shall  assess  and  collect  all  licenses  and 
rents  for  the  use  of  water  and  all  fines  in  relation 
^ thereto  and  give  receipts  therefor.  He  shall  keep  in 
a clear,  methodical  manner  such  books  and  records 
as  will  show  all  the  transactions  of  his  office.  He 
shall  issue  all  tapping  permits  and  shall  give  notice 
to  the  superintendent  to  turn  on  and  off  water.  He 
shall  deliver  to  the  treasurer  each  day  all  moneys 
received  by  him  and  shall  make  a report  to  the  coun- 
cil at  the  first  regular  meeting  therof  in  each  month 
of  all  moneys  collected  by  him  during  the  preceding 
month  and  shall  make  a report  at  the  first  regular 
meeting  of  the  council  in  January  and  July  of  all 
moneys  received  by  him  during  the  next  preceding 
term.  He  shall  work  in  connection  with  the  super- 

lOO 


intendent  and  be  under  bis  supervision  in  all  matters 
connected  with  the  actual  operation  of  the  water  sys- 
tem. He  shall  devote  all  of  his  time  to  the  duties  of 
his  office.  The  water  commissioner  shall  be  paid  foi; 
his  services  such  salary  as  is  fixed  by  ordinance. 
No  other  compensation  shall  be  allowed  or  paid  by 
the  city  to  the  commissioner  for  any  services  whatso- 
ever. [Ord.  No.  730,  passed  Apr.  3,  1907,  as  amend- 
ed by  Ord.  No.  894,  passed  Feb.  5,  1913.] 


ARTICLE  4. 

OF  TAPS,  STOP  BOXES,  SERVICE  PIPES,  ETC. 

§109.  Permits.  (Sec.  320)  Any  owner  of  prop- 
erty, or  other  person,  with  the  consent  of  the  owner 
of  such  property,  desiring  to  connect  any  pipes  with 
the  mains  of  the  water-works  system  shall  make  ap- 
plication to  the  water  commissioner  for  a permit  so 
to  do.  Such  application  shall  be  in  writing  and 
shall  state  the  name  of  the  owner  upon  whose  prem- 
ises the  water  is  to  be  introduced  and  the  street  upon 
which  such  premises  is  located  and  the  offical  num- 
ber thereof.  Upon  so  doing  and  the  payment  of  the 
fee  hereinafter  required,  the  commissioner  may 
grant  such  permit.  Such  permit  shall  state  the  name 
of  the  person  for  whose  benefit  such  permit  is  grant- 
ed, the  size  of  the  stopcock  for  discharging  the  water 
from  the  mains  to  the  service  pipes  and  as  near  as 
may  be  the  point  at  which  the  tapping  is  to  be  done, 
the  place  to  which  the  water  is  to  be  conducted,  the 
location  of  the  hydrant  and  fixtures  and  the  contem- 
plated use  of  water  thereby.  No  more  water  shall 
be  used  by  virtue  of  such  permit  at  the  time  of  plac- 
ing the  service  pipes  and  their  fixtures  than  shall  be 


lOI 


iiecesyary  to  test  the  tightness  thereof,  and  the  con- 
dition of  such  pipes  and  fixtures  for  their  contem- 
plated use.  The  commissioner  shall  keep  a record 
of  all  permits  in  a book  provided  for  that  purpose 
in  his  office.  Such  record  shall  set  forth  the  sub- 
stance of  each  permit.  No  person  shall  extend  his 
service  pipes  for  the  supply  of  any  other  room,  build- 
ings or  premises  or  for  any  other  purposes  than 
those  for  which  he  shall  have  a permit,  without  first 
having  obtained  a permit  therefor  from  the  commis- 
sioner, for  which  no  charge  shall  be  made.  No  per- 
mit shall  be  required  of  any  person  to  make  any  ex- 
tension upon  his  own  premises  when  any  such  ex- 
tension shall  not  be  for  a larger  use  of  water  than 
that  for  which  permit  was  granted.  All  such  ex- 
tensions shall  be  forthwith  reported  to  the  commis- 
sioner. 

§110.  Tapping  of  Mains.  (Sec.  321)  All  tap- 
ping of  mains  shall  be  done  by  a properly  qualified 
person  who  shall  be  appointed  by  and  be  under  the 
control  of  the  superintendent.  The  taps,  stopcocks 
and  lead  connections  shall  be  furnished  by  the 
city  and  paid  for  by  the  applicant.  All  ex- 
cavations for  reaching  the  water  main  shall  be 
made  by  the  person  desiring  the  connection, 
and  all  lead  pipes  used  in  the  streets,  alleys  or  pub- 
lic grounds  shall  be  of  quality  known  as  extra 
strong.  ’ ’ 

§111.  Stops,  Service  Pipes.  (Sec.  322)  Every 
stop  inserted  in  the  mains  for  making  connection 
with  service  pipes  shall  be  of  brass  and  the  service 
pipes  shall  l)e  connected  with  such  stops  by  extra- 
heavy lead  pipe  eighteen  inches  long.  Such  stops 
shall  be  furnished  by  the  city  and  the  charge  therefor 
including  tapping,  corporation  cock  and  stopcock 
shall  be: 


102 


% inch,  $6.60;  % incli,  $7.60;  % incli,  $9.35. 

Sizes  larger  than  % inch,  at  such  rates  as  the 
commissioner  and  superintendent  shall  determine. 
All  service  pipes  and  other  fixtures  connected  with 
the  mains  shall  be  good  and  substantial  material, 
well  made,  and  all  work  done  in  making  any  connec- 
tion with  the  mains  shall  be  done  in  skillful  and 
workmanlike  manner.  All  service  pipes  shall  be  laid 
not  less  than  four  feet  six  inches  under  ground. 

§112.  Keep  Pipe  and  Fixtures  in  Repair.  (Sec. 

323)  The  owner  of  any  premises  to  which  water  has 
been  introduced  shall  keep  all  pipes  from  the  mains 
to  his  premises  and  all  pipes  and  fixtures  on  his 
premises  in  good  repair,  so  as  to  prevent  waste  of 
water.  Upon  failure  so  to  do,  the  superintendent 
shall  disconnect  the  service  pipes  from  the  mains. 

§113.  Provide  Stopcocks.  (Sec.  324)  The  own- 
er of  any  service  pipe  shall  keep  a stopcock  at  the 
outside  line  of  the  sidewalk  or  alley.  Such  stopcock 
shall  be  protected  by  an  adjustable  iron  box  or  cyl- 
inder not  less  than  five  feet  in  length  and  shall  be 
kept  in  good  condition,  so  that  the  water  may  be 
shut  off  from  the  service  pipe  at  any  time.  If  it 
shall  be  necessary  to  locate  any  stopcock  upon  pri- 
vate property,  the  same  shall  be  in  some  accessible 
place  near  the  premises  to  be  supplied  with  water. 

§114.  Service  Pjpes  Supplying  Different  Prem- 
ises. (Sec.  325)  Permit  may  be  granted  for  a single- 
service pipe  to  supply  different  premises  if  the  own- 
ers of  the  premises  shall  join  in  application  therefor; 
a permit  may  be  granted  to  connect  with  a service 
pipe  already  laid,  upon  securing  the  written  consent 
of  the  person  owning  the  same.  Each  premises 
must  be  supplied  with  a separate  stopcock. 

§115.  Plumber.  Report.  (Sec.  326)  No  person 
103 


except  a qualified  plumber  shall  do  any  work  con- 
nected with  the  installation  of  service  pipes  and  fix- 
tures. A plumber  shall  be  deemed  qualified  who  has 
obtained  a permit  or  license  from  the  council  and 
who  has  complied  with  all  provisions  of  the  ordi- 
nances in  relation  thereto.  All  work  shall  be  done 
with  reasonable  dispatch,  and  the  plumber  within 
twenty-four  hours  after  the  same  shall  be  completed, 
shall  make  a report  thereof  to  the  commissioner. 
Such  report  shall  show  whether  the  work  has  been 
done  in  compliance  with  this  chapter  and  the  permit 
therefor.  No  water  shall  be  turned  on  under  any 
permit  until  such  report  shall  have  been  made  and 
then  only  by  order  of  the  commissioner. 

§116.  Discontinuing  Connection.  (Sec.  327)  If 
any  person  shall  discontinue  the  use  of  water  and 
take  up  the  service  pipes,  the  stops  and  ferrule  that 
shall  connect  such  pipes  with  the  mains  shall  be  for- 
feited to  the  city  and  left  on  the  mains.  No  person 
shall  excavate  in  any  street,  alley  or  public  place  for 
the  purpose  of  taking  up  any  service  pipes,  without 
a permit  from  the  superintendent  so  to  do,  and  such 
permit  shall  require  that  such  street,  alley  or  public 
place  shall  be  left  in  good  repair  and  condition. 

§117.  Water  Closets.  (Sec.  328)  No  person  shall 
install  any  water  closet  having  other  than  self-clos- 
ing valves.  Those  otherwise  constructed  already 
existing  may  be  required.  [Ord.  No.  730,  passed 
Apr.  3,  1907.'] 


ARTICLE  5. 

LICENSES,  RATES,  AND  REGULATIONS  FOR 
USE  OF  WATER  WITHOUT  METERS. 

§118.  Term.  (Sec.  340)  Licenses  for  the  use  of 


104 


water  shall  regularly  be  granted  for  a term  of  six 
months.  If  the  applicant  shall  request,  the  term 
may  be  for  one  year.  The  regular  teims  for  licenses 
shall  begin  January  1st  and  July  1st  of  each  year. 
If  any  license  shall  be  granted  for  a term  of  less  than 
six  months  it  shall  expire  with  the  current  regular 
term. 

§119.  Applications.  (Sec.  341)  Applicants  for 
licenses  must  state  fully  and  truthfully  the  use  to  be 
made  of  water  for  which  the  license  is  desired  and 
must  answer  frankly  and  without  concealment  all 
questions  of  the  commissioner  or  his  assistants  re- 
lating thereto. 

§120.  Contents.  (Sec.  342)  The  license  shall 
state  the  name  of  the  licensee,  the  street  and  offical 
number  of  the  premises,  the  use  to  be  made  of  water 
thereunder,  the  charge  of  the  permit  thereof,  the 
term  for  which  it  is  granted  and  the  date  of  issue 
and  expiration.  [Ord.  No.  730,  passed  Apr.  3,  1907.] 

§121.  Rates.  (Sec.  343)  There  shall  be  assessed 
and  charged  by  the  commissioner  for  licenses  for 
the  use  of  water  within  this  city,  per  year,  except 
as  otherwise  provided  and  except  when  water  shall 
be  supplied  by  meter  measurement,  rates  as  follows : 

For  automobiles : . . . $2.00 

For  automobile  garage,  each  automobile $2.00 

For  bakeries,  each  oven,  not  less  than  five  dol- 
lars, nor  more  than $10.00 

For  barber  shops:  first  chair,  $3.00;  additional 

chairs,  each $2.00 

For  baths:  Private  residences,  each $1.00 

In  boarding,  lodging  and  rooming  houses,  and 

in  suites  of  rooms  in  hotels,  each $5.00 

In  barber  shops $5.00 


105 


Piil)li(*,  iiK'liidiiig-  all  except  the  above,  eacli. $10.00 

For  l)iHiai'(l  halls,  eaeii  table $2.50 

For  blaeksinitli  sliops,  one  forge $5.00 

Additional  forge,  each $2.50 

For  lodging  rooms,  each $1.00 

For  boarding,  rooming  or  lodging  houses: 

Three  rooms  or  less $10.00 

Additional  rooms,  each $1.00 

For  boilers  used  for  generating  steam  for  ele- 
vator purposes  exclusively,  per  H.  P.  at 

rated  capacity $0.25 

For  boilers  used  for  generating  steam  for  man- 
ufacturing purposes,  when  not  used  for 
more  than  ten  hours  per  day,  per  H.  P.  at 

rated  capacity $0.75 

When  used  more  than  ten  hours  per  day,  per 

H.  P.  at  rated  capacity $1.00 

For  bottling  works,  each $80.00 

For  breweries,  each $80.00 

For  brick  yards,  each $100.00 

For  l)uilding  purposes: 

Brick  work,  per  thousand  brick,  architect's 
estimate $0.04 


Plastering,  per  hundred  sq.  yds.,  architect’s 

estimate ’ $0.25 

Stone  work,  per  perch,  architect’s  estimate  $0,015 

For  club  houses,  each $20.00 

For  cows,  private  or  dairy,  each $2.00 

For  concrete  for  sidewalks  or  floors,  per  hun- 
dred s(iuare  yards  laid $0.25 

Colorado  School  for  Deaf  and  Blind,  for  all 

purposes $500.00 

For  drug  stores,  each  not  less  than  $10.00  nor 

more  than $20.00 

For  dyeing  and  cleaning  establishments,  each 

not  less  than  $10.00  nor  more  than $30.00 

V io6 


For  elevators,  liydraulic,  using  water  by  di- 
rect pressure: 

In  hotels,  boarding  or  lodging  houses,  each  $150.00 
In  livery  stables,  stores  or  other  business 

houses,  each $60.00 

For  fire  plugs,  each $8.00 

For  halls,  public,  including  lodge  rooms,  each . . $5.00 

For  horses  in  private  stables,  each $2.00 

For  hothouses,  greenhouses  and  hotbeds,  con- 
ducted for  profit,  per  square  yard  covered 

by  glass $0.05 

For  hotels,  containing  ten  rooms  or  less $25.00 

Additional  rooms,  each $1.50 

For  laundries^  not  less  than  $20.00  nor  more 

than $40.00 

For  lunch  counters: 

Serving  not  more  than  50  meals  per  day, 

each $10.00 

Serving  more  than  50  meals  per  day  each . . .$20.00 
For  motors,  one  horse  power  or  less,  each.  . . .$36.00 
Each  additional  horse  power  at  rated  capac- 
ity   $36.00 

The  charge  for  motors  in  churches  shall  be  one- 
half  of  the  above  rate,  and  there  shall  be  no  charge 
for  motors  in  private  residences  for  running  sewing 
machines. 

For  offices,  each  room $3.00 

For  photograph  establishments  each  not  less 

than  $6.00  nor  more  than $40.00 

For  residences  occupied  by  one  family,  one  or 

two  rooms $6.00 

Three  rooms $8.00 

Four  rooms $10.00 

Five  or  six  rooms ’. $12.00 

Additional  rooms  over  six  rooms,  each $1.00 

When  occupied  by  caretaker  only  and  there 

is  but  one  tap $10.00 

107 


When  occupied  by  more  than  one  family, 
there  shall  be  charged  the  above  rates  for 
each  family. 

For  restaurants: 

Serving  not  more  than  50  meals  per  day, 

each $20.00 

Serving  more  than  50  and  not  over  100- 

meals  per  day,  each $40.00 

Serving  more  than  100  meals  per  day,  each.. $75.00 

For  saloons,  each $25.00 

For  schools  and  colleges,  in  addition  to  charges 

for  fixtures,  for  each  pupil $0.16 

For  soda  fountains,  connected  with  service 
pipes  (not  more  than  one-eighth  inch  op- 
ening permitted),  each $20.00 

For  soda  fountains,  not  connected,  each,  not  . 

less  than  $5.00  nor  more  than $10.00 

For  sprinkling,  each  nozzle  in  excess  of  one, 
used  for  sprinkling  lawns,  gardens,  etc., 

extra  tap  not  included $8.00 

For  sprinkling  carts  and  wagons,  each $100.00 

For  stables,  boarding,  livery  or  veterinary, 

single  stalls,  each $2.00 

• Double  stalls,  each $4.00 

Vehicles,  each $2.00 

For  stores,  each  frontage  of  25  feet  or  less,  one 

floor $6.00 

Additional  floors,  each $3.00 

For  taps,  each,  not  more  than  one  on  each  lot 

of  fifty  by  one  hundred  ninety  feet  or  less  $10.00 

For  theatres  and  opera  houses,  each $20.00 

For  urinals,  in  private  residences,  each $2.00 

In  hotels,  saloons,  billiard  halls  or  other  like 

public  places,  each ’stall $10.00 

For  vacant  lots,  provided  with  service  pipes, 
to  be  used  for  sprinkling  only,  each  lot 
fifty  by  one  hundred  ninety  feet  or  less.  . .$10.00 

io8 


For  water  closets,  private,  or  in  lodging'  or 
boarding  houses,  or  suites  of  rooms  in 

hotels,  each  seat $2.00 

In  hotels,  saloons  or  billiard  halls  or  other 
like  public  places,  each  seat ‘ $6.00 


When  used  by  more  than  one  family,  the 
same  charge  for  each  family. 

For  premises  not  having  service  pipes,  but 
using  water  from  other  premises,  permis- 
sion from  the  owner  having  first  been  ob- 
tained, not  less  than $5.00 

In  all  cases  where  rates  are  not  definitely  fixed, 
the  same  shall  be  assessed  by  the  water  commis- 
sioner, subject  to  the  approval  of  the  mayor.  Where 
water  is  used  on  any  premises  or  in  any  building  or 
structure  for  any  purpose  not  herein  specifically 
described,  or  through  fixtures  or  devices  for  which 
no  rate  or  charge  has  been  fixed,  the  charge  for  such 
license  shall  be  assessed  by  the  water  commissioner, 
subject  to  the  approval  of  the  mayor.  Such  charge 
shall  be  based  upon  estimate  made  by  the  commis- 
sioner of  the  amount  of  water  used  on  such  premises 
or  in  such  building  or  structure  or  through  such  fix- 
ture. 

The  charges  for  water  supplied  beyond  the  city 
for  the  purposes  herein  named  shall  be  twenty-five 
per  cent,  more  than  the  rates  of  this  section.  Any 
license  granted  for  less  than  one  year  shall  be  at  a 
rate  corresponding  to  that  of  a year  in  ratio  of  time. 
All  charges  for  the  licenses  shall  be  paid  in  advance 
at  the  office  of  the  water  commissioner.  [Ord  No. 
730,  passed  Apr.  3,  1907,  as  amended  by  Ord.  No. 
736,  passed  July  1,  1907,  Ord.  No.  854,  passed  Feb. 
5, 1913,  and  Ord.  No.  927,  passed  Dec.  3,  1913.] 

§122.  Regulations.  (Sec.  344)  No  license  shall 
be  issued  for  more  than  one  purpose,  nor  for  the  use 


109 


of  families  in  connection  with  a license  for  other  pur- 
poses. When  there  is  more  than  one  use  of  water  for 
which  license  is  required  to  be  made,  in  the  same 
room,  building  or  premises,  a license  shall  be  ob- 
tained for  each  such  use.  If  after  a license  has  been 
granted,  the  commissioner  shall  learn  that  water  is 
being  used  for  purposes  other  than  or  in  addition  to 
those  permitted  by  the  license,  he  shall  require  a 
license  to  be  taken  out  for  such  different  or  addi- 
tional uses.  No  person  shall  permit  any  person  not 
holding  a license  to  use  any  water  from  his  premises, 
but  such  water  may  be  used  under  proper  license 
and  the  written  consent  of  the  owner  of  the  premises 
from  which  water  is  to  be  secured.  No  premises 
shall  be  considered  vacant  until  the  owner  thereof  or 
his  agent  shall  have  notified  the  commissioner  in 
writing  of  such  vacancy  and  ordered  the  service 
thereto  discontinued,  and  the  owner  shall  immediate- 
ly notify  the  commissioner  when  such  premises  shall 
become  occupied.  Water  may  be  left  on  vacant  prem- 
ises for  sprinkling  purposes  only  and  the  regular  rate 
for  sprinkling  charged.  If  any  premises  shall  be  va- 
cant at  the  beginning  of  the  term  and  shall  become 
occupied  during  the  term,  the  commissioner  shall  col- 
lect a ratable  rent  for  the  time  occupied.  If  any  prem- 
ises for  which  a license  has  been  issued  shall  become 
vacant,  the  commissioner  shall  upon  request  of  the 
licensee,  direct  that  the  water  he  turned  off  and  a 
ratable  refund  for  each  full  month  of  vacancy  dur- 
ing the  current  term  shall  he  made.  If  any  person 
shall  desire  to  discontinue  the  use  of  water  for  any 
special  purposes,  the  fixtures  supplying  same  must 
be  disconnected  before  any  reduction  of  rates 
on  account  thereof  will  be  made.  [Ord.  No.  730, 
passed  Apr.  3,  1907.] 

§123.  Duty  of  Commissioner.  (Sec.  348)  The 
water  commissioner  shall  notify  each  consumer  of 


no 


water  of  the  amount  of  his  rent  therefor  and  when 
the  same  shall  become  due.  All  charges  for  the  use 
of  water  supplied  to  any  premises  unpaid  for  six 
days  after  the  “same  are  due,  shall  become  a lien  on 
such  premises  and  suit  may  be  instituted  against 
the  owner  for  the  collection  of  the  same.  If  any 
consumer  shall  fail  to  pay  his  rent  within  thirty 
days  after  the  same  is  due,  the  commissioner  shall 
cause  the  water  to  be  turned  off  from  his  premises 
and  no  water  shall  thereafter  be  supplied  to  such 
premises  until  such  rents  and  all  charges  and  pen- 
alties have  been  paid. 

§124.  Water  Used  in  Construction  of  Buildings. 

(Sec.  350)  No  permit  for  the  construction,  alteration 
or  repair  of  any  building  shall  be  issued  by  the  en- 
gineer as  building  inspector,  until  the  charges  for 
water  necessary  to  be  used  in  connection  therewith 
shall  have  been  paid  to  the  commissioner.  Esti- 
mates of  the  amount  required  for  such  purpose  shall 
be  furnished  the  engineer  at  the  time  of  making 
application  for  the  permit  and  from  such  estimate 
or  otherwise,  he  shall  determine  the  amount  of  water 
required  to  be  used  and  certify  the  same  to  the  com- 
missioner. No  person  shall  do  any  work  of  public 
improvement  or  construct,  alter  or  repair  any  build- 
ing or  do  any  work  of  any  kind  within  or  without 
the  city,  requiring  water  therefor  from  the  water 
system,  until  he  shall  have  first  paid  to  the  commis- 
sioner the  charges  for  said  water  provided  in  this 
chapter.  The  engineer  shall  certify  to  the  commis- 
sioner, when  so  requested  by  him,  the  amount  of 
water  required  to  be  used  in  such  construction,  alter- 
ation or  repair.  [Ord.  No.  730,  passed  Apr.  3,  1907.] 

§125.  Abatements.  (Sec.  352)  The  mayor  shall 
have  authority  in  his  discretion  to  grant  abatements 
upon  the  rates  of  this  chapter  to  charitable  institu- 


III 


tions  and  indigent  persons.  If  any  dispute  shall 
arise  as  to  the  rate  to  l)e  paid  any  consumer, 
such  committee  [mayor]  shall  determine  which  of 
said  rates  shall  apply  in  the  case.  [Ord.  No.  730, 
passed  Apr.  3,  1907,  as  amended  by  Ord.  No.  894, 
])assed  Feb.  5,  1913.] 

§126.  Separate  Stop  Boxes.  (Sec.  355)  If  more 
than  one  consumer  is  supplied  from  one  service  pipe 
and  a separate  stopbox  for  each  has  not  been  pro- 
vided, the  commissioner  shall  have  the  authority  to 
shut  otf  the  water  from  such  service  pipe  for  failure 
of  anyone  so  supplied  to  pay  his  assessment  or  to 
comply  with  any  provision  of  this  chapter,  and  any 
payments  made  shall  be  refunded. 

§127.  House  Number  Required.  (Sec.  357)  No 
])remises  shall  be  supplied  with  water  from  the  water 
system  unless  the  same  shall  be  designated  by  offi- 
cial number  and  such  number  placed  and  maintained 
conspicuously  thereon.  [Ord.  No.  730,  passed  Apr.  3, 
1907.] 

§128.  Refunds.  (Sec.  359)  Warrants  for  re- 
funds provided  in  this  chapter  shall  be  issued  upon 
vouchers  certified  by  the  commissioner  and  mayor. 
[Ord.  No.  730,  passed  Apr.  3,  1907,  as  amended  by 
Ord.  No.  894,  passed  Feb.  5,  1913.] 

§129.  Turning-on-Water  Charge.  (Sec.  360)  If 
for  any  reason  except  for  vacancy  the  water  shall  be 
turned  off  from  any  building  or  premises,  the  owner 
or  occupant  thereof  shall  pay  a charge  of  one  dollar 
to  the  commissioner  before  the  water  shall  be  turned 
on. 

§130.  Sprinkling  Regulations.  (Sec.  329) 
The  use  of  water  from  the  mains  for  sprinkling  prem- 
ises shall  be  under  the  control  of  the  superintendent 
and  water  shall  be  used  only  at  such  times  as  he  shall 
designate  by  public  proclamation.  No  water  shall 
])e  used  for  sprinkling  except  through  a nozzle  of  not 


II2 


more  than  J/4-inch  orifice,  nor  shall  more  than  one 
such  nozzle  be  in  use  at  the  same  time  for  premises 
not  exceeding  fifty  by  one  hundred  ninety  feet  in 
size,  except  upon  license  being  obtained  therefor. 

§131.  Waste.  (Sec.  351)  No  person  shall  per- 
mit any  waste  of  water  through  excessive  sprinkling 
or  sprinkling  out  of  prescribed  hours,  faulty  fixtures, 
leaking  hose,  running  to  prevent  freezing  or  any 
cause  whatever.  If  any  person  shall  permit  any 
waste  of  water,  the  superintendent  or  commissioner 
shall  forthwith  cause  the  water  to  be  turned  off  from 
the  premises  upon  which  such  waste  shall  occur  until 
the  cause  of  the  waste  is  corrected  and  all  charges 
and  fines  for  violation  of  this  section  are  paid. 

§132.  ' Fire  Protection.  (Sec.  349)  All  uses  of 
water  except  for  household  purposes  shall  be  stopped 
at  an  alarm  of  fire.  [Ord.  No.  730,  passed  Apr.  3, 
1907.] 


ARTICLE  6. 

METERS.  RATES  AND  REGULATIONS. 

§133.  Users.  (Sec.  345)  Artificial  ice  plants, 
barber  shops,  bath  houses,  bottling  works,  breweries, 
brick  yards,  cold  storage  plants,  the  city  of  Colo- 
rado City  on  sewer  flushers,  creameries,  dairies,  dye- 
ing and  cleaning  establishments,  electric  light  works, 
El  Paso  County  for  its  court  house  and  its  jail,  gas 
works,  hospitals  and  sanitariums,  hotels  and  board- 
ing houses  of  more  than  fifteen  rooms,  hydraulic  ele- 
vators, laundries,  office  buildings  of  more  than  ten 
rooms,  power  houses,  railroads,  slaughter  houses, 
schools  and  colleges,  stationary  fountains,  telegraph 
and  telephone  battery  rooms  and  all  other  concerns, 
establishments  or  plants  using  large  quantities  of 
water  or  other  concerns  or  businesses  making  such 

113 


use  of  water  that  a fair  charge  for  same  can  not  oth- 
erwise be  determined,  shall  have  their  water  supply 
measured  hy  meter.  The  mayor  when  it  [he]  shall 
deem  desirable,  shall  order  the  installation  of  meters 
to  measure  the  water  used  by  any  consumer  and  to 
assess  charges  thefor  and  all  meters  shall  be  of  a 
type,  size  and  design,  approved  by  the  superintend- 
ent, and  shall  be  installed  in  such  manner  and  loca- 
tion as  he  shall  direct  and  approve.  Meters  shall  be 
tested  by  the  superintendent  and  found  to  be  cor- 
rect before  being  installed.  The  cost  of  such  meters 
and  the  expense  of  installation  shall  be  paid  by  the 
consumer,  but  if  any  such  consumer  shall  not  desire 
to  install  such  meter  at  his  own  expense,  the  city, 
upon  payment  of  all  expenses  of  installation,  shall 
provide  such  meter,  and  for  the  use  thereof  there 
shall  be  charged  such  rental  as  the  mayor  shall  fix, 
and  such  rental  shall  be  paid  monthly  with  the 
charge  for  water.  Such  meter  shall  be  and  remain 
the  property  of  the  city.  If  any  person  required  by 
this  section  or  by  the  order  of  the  mayor  to  have  the 
water  supply  to  his  premises  measured  by  meter, 
shall  fail  or  refuse  to  provide  such  meter,  as  herein 
provided,  within  thirty  days  from  being  notified  so 
to  do,  the  commissioner  shall  cause  the  water  to  be 
shut  off  from  such  premises  until  such  meter  shall 
be  installed  and  all  charges  and  fines  for  his  failure 
shall  be  paid.  Meters  may  be  placed  on  the  prem- 
ises of  any  consumer  upon  his  application  and  a per- 
mit therefor  from  the  mayor,  but  under  this  provi- 
sion no  consumer  shall  pay  less  for»his  water  than 
the  flat  rate  provided  in  this  chapter  for  the  same 
service.  [Ord.  No.  730,  passed  Apr.  3, 1907,  as  amend- 
ed by  Ord.  No.  894,  passed  Feb.  5,  1913.] 

§134.  Rates.  (Sec.  346)  The  monthly  charge 
for  water  measured  by  meter  to  users  within  the  city 
shall  be: 


For  the  first  10,000  gallons  or  part  thereof,,  fif- 
teen (35)  cents  for  each  thousand  gallons; 

For  the  second  10,000  gallons  or  part  thereof, 
twelve  and  one-half  (12%)  cents  for  each  thousand 
gallons ; 

For  the  third  10,000  gallons  or  part  thereof,  ten 
(10)  cents  for  each  thousand  gallons; 

For  the  next  20,000  gallons  or  part  thereof  in 
excess  of  30,000  gallons,  nine  (9)  cents  for  each  thou- 
sand gallons ; 

For  each  thousand  gallons  in  excess  of  50,000 
gallons  eight  (8)  cents  for  each  thousand  gallons. 

No  charge  shall  be  less  than  one  dollar  for  each 
month.  The  charges  for  water  measured  by  meter 
supplied  outside  the  corporate  limits  of  the  city  of 
Colorado  Springs  and  Colorado  City,  shall  be  twen- 
ty-five per  cent,  more  than  the  rates  of  this  section, 
unless  the  council  of  this  city  shall  otherwise  pro- 
provide  by  resolution.  All  charges  for  water  during 
any  month  shall  be  paid  before  the  fifteenth  day  of 
the  next  calendar  month  at  the  office  of  the  water 
commissioner.  [Ord.  No.  730,  passed  Apr.  3,  1907, 
as  amended  by  Ord.  No.  786,  passed  Dec.  24,  1909, 
Ord.  No.  802,  passed  Apr.  13, 1910,  and  Ord.  No.  894, 
passed  Feb.  5, 1913.] 

§135.  Failure  to  Register.  (Sec.  347)  If  any 
meter  shall  fail  to  register,  the  consumer  will  be 
charged  at  the  average  daily  consumption  as  shown 
by  the  meter  when  in  order.  After  meter  shall  be 
installed  no  refund  or  rebate  shall  be  made  on  ac- 
count of  water  wasted.  [Ord.  No.  730,  passed  Apr. 
3,  1907.] 


ARTICLE  7. 


CONTROL  AND  PROTECTION  OF  ■ WATER 
WORKS,  STREAMS  AND  RESERVOIRS. 

§136.  Access  to  Premises  of  Consumers.  (Sec. 

358)  Officers  and  employes  of  the  water  department 
shall  have  free  access  at  all  reasonable  times  to  the 
premises  of  any  consumer  for  the  purpose  of  exam- 
ining all  stopboxes,  pipes  and  fixtures  and  ascertain- 
ing the  manner  of  the  use  of  water  and  the  amount 
thereof,  and  the  consumer  shall  render  all  proper 
assistance  in  the  same. 

§137.  City  May  Shut  Off  Water  for  Repairs  and 
Extensions.  (Sec.  362)  The  city  reserves  the  right 
to  shut  off  water  from  the  mains  when  it  shall  deem 
it  necessary  to  repair  any  portion  of  the  water 
works  system  or  to  make  connections  or  extensions 
of  the  same,  or  to  clean  the  same  and  it  shall  not  be 
liable  to  any  person  for  failure  to  supply  water  for 
these  or  other  causes  beyond  its  control,  nor  on  said 
account  shall  make  any  refund  or  deduction  of  rents 
or  licenses. 

§138.  Tampering  With  Mains  or  Pipes.  (Sec. 

356)  No  person  shall  interfere  in  any  manner  with 
any  water  main,  service  pipe,  water  meter,  stopcock 
or  shut-ofif  box,  or  any  water  pipe  connected  with 
the  system  or  comprising  a part  thereof,  without 
permission  therefor  obtained  from  the  superintend- 
ent. If  water  shall  be  turned  off  from  any  prem- 
ises, and  the  owner  or  occupant  shall  turn  the  same 
on  or  cause  the  same  to  be  turned  on  without  per- 
mission of  the  commissioner,  the  commissioner  shall 
cause  the  service  pipes  of  such  premises  to  be  dis- 
connected from  the  mains. 

§139.  Water  From  Fire  Plugs.  (Sec.  353)  No 
person  shall  take  any  water  from  any  fire  plug  or 

ii6 


hydrant  or  hose  pipe  except  for  the  extinguishment 
of  tires,  or  the  cleaning  or  testing  of  fire  apparatus, 
except  also  that  the  superintendent  may  take  water 
therefrom  when  necessary  for  any  purpose  of  the 
system. 

§140.  Defacement.  (Sec.  354)  No  person  shall 
injure  or  deface  or  impair  any  part,  appliance  or 
appurtenance  of  the  water  plant  or  system. 

§141.  Duties  of  Officers.  (Sec.  361)  Police  of- 
ficers, firemen  and  other  officers  and  employes  of  the 
city  shall  report  to  the  superintendent  or  commis- 
sioner, any  violations  of  any  provisions  of  this  chap- 
ter which  shall  come  to  their  knowledge. 

§142.  Pollution.  (Sec.  336)  No  person  shall  do 
any  act  soever  which  shall  tend  to  foul  or  render 
impure  or  unwholesome,  any  of  the  waters  or  streams 
tributary  or  contributing  to  the  water  supply  of  the 
water  works  sysetm  of  this  city;  nor  shall  cast  into 
or  allow  to  flow  in  or  fall  into  any  of  the  waters  con- 
tributing to  said  water  supply,  nor  into  any  reservoir 
or  lake  belonging  to  the  city,  any  filth,  sewage,  car- 
rion, garbage,  minerals,  clay,  rock  or  earth  of  any 
kind,  or  any  excretion,  clothing,  paper,  rags,  or  any 
extraneous  substance;  nor  shall  wash,  swim,  wade 
or  bathe  therein  or  bathe  any  animal  therein,  nor 
cause  any  animal  to  enter  or  swim  therein,  nor  shall 
shoot  over  or  therein  or  near  thereto,  nor  do  any 
act  or  thing  that  would  pollute  or  tend  to  pollute 
the  watersheds  of  such  streams  or  reservoirs.  Noth- 
ing herein  shall  be  construed  to  interfere  with  any 
right  or  privilege  heretofore  granted  by  the  city. 

§143.  Obstruction.  (Sec.  337)  No  person  shall 
dig  up  or  obstruct  any  ditch  or  pipe  line  belonging 
to  the  city  nor  do  any  act  or  thing  to  divert,  dam- 
age, drain  or  otherwise  impede  or  hinder  or  tend  to 


imi)ede  or  liinder  the  flow  of  any  of  the  waters  or 
streams  trihutaiy  or  coiitri]jiiting  to  the  water  sup- 
ply of  this  city. 

§144.  Not  to  Enter.  (Sec.  338)  No  person  shall 
enter  within  any  fence  enclosing  any  lake,  reservoir, 
stream  or  watershed  belonging  to  or  contributing  to 
the  water  supply  of  this  city,  except  with  the  per- 
mission of  the  mayor  or  superintendent. 

§145.  Patrol  of  Streams.  Duties  of  Superin- 
tendent. (Sec.  339)  The  superintendent  shall  at 
least  once  a week  and  oftener  if  necessity  shall  re- 
quire, patrol  or  cause  to  be  patrolled,  the  streams 
and  the  watersheds  thereof  contributing  water  to  the 
supply  of  this  city  and  shall  arrest  any  person  found 
violating  any  of  the  provisions  of  this  chapter  and 
shall  forthwith  report  any  such  violation  to  the 
mayor.  [Ord.  No*.  730,  passed  Apr.  3, 1907.] 

§146.  Penalty.  (Sec.  364)  Any  person  who  shall 
violate  any  of  the  provisions  of  this  chapter  or  any 
of  the  rules  or  regulations  of  the  department  made 
or  approved  by  the  mayor  or  by  the  superintendent 
or  who  shall  fail  to  pay  any  assessment,  charge  or 
rent  as  provided  in  this  chapter  or  who  shall  pollute 
any  of  the  watersheds  of  the  streams,  lakes  or  res- 
ervoirs of  the  water  system  or  do  any  other  act  or 
thing  prohibited  of  him  by  the  provisions  of  this 
chapter,  or  fail  to  do  any  act  or  thing  required  of 
him  by  the  provisions  of  this  chapter  shall  in  addi- 
tion to  the  penalties  hereinbefore  provided,  be  fined 
not  less  than  five  nor  more  than  two  hundred  dol- 
lars for  each  offense.  [Ord.  No.  730,  Chap.  6,  passed 
Apr.  3,  1907,  as  amended  by  Ord.  No.  894,  passed 
Feb.  5,  1913.] 


ii8 


ARTICLE  8. 


OF  IRRIGATION  xVNl)  IRRIGATING  DITCHES, 
BOXES,  FLUMES  AND  CONDUITS. 

§147.  Duties  of  Superintendent.  (Sec.  330) 
The  superintendent  shall  have  charge  and  control 
of  all  irrigating  ditches,  flumes,  canals  and  reser- 
voirs and  the  distribution  of  water  for  irrigation 
purposes  and  the  irrigation  of  premises  shall  be  done 
only  by  him  or  his  employes. 

§148.  Time.  (Sec.  331)  Time  allowed  for  irri- 
gating any  fifty  feet  of  frontage  of  land  shall  be  fif- 
teen minutes.  If  the  premises  are  of  a depth  too 
great  to  be  irrigated  within  such  time  with  one  cross- 
box connection,  the  superintendent  shall  notify  the 
party  owning  or  in  control  of  such  premises  to  pro- 
vide additional  and  sufficient  cross  boxes. 

§149.  Cross  Boxes.  (Sec.  332)  All  premises 
using  water  for  irrigation  from  ditches  shall  be  con- 
nected with  the  ditch  by  a box  across  the  sidewalk 
or  alley,  properly  covered  and  not  less  than  sixteen 
inches  wide  and  eight  inches  deep.  If  such  box  shall 
be  of  wood,  the  sides  shall  be  of  two-inch  plank. 
Such  box  may  be  of  tile  or  other  suitable  material 
of  equal  carrying  capacity  and  as  may  be  approved 
by  the  superintendent,  and  all  boxes  shall  be  placed 
so  that  the  top  thereof  shall  not  project  above  the 
ground  and  there  shall  be  provided  at  least  one 
cross  box  for  each  fifty  feet  or  fraction  thereof  of 
frontage.  [Ord.  No.  730,  passed  Apr.  3,  1907.] 

§150.  Ditch  Boxes.  (Sec.  333)  To  prevent  the 
waste  of  water,  there  shall  be  placed  on  all  irrigat- 
ing ditches  or  canals  in  the  streets,  alleys  of  the 
city,  boxes  or  flumes  constructed  not  less  than  ten 
nor  more  than  thirty-six  inches  wide  in  the  clear, 
with  sides  of  boards  at  least  two  inches  thick  and 
not  less  than  six  inches  nor  more  than  eighteen  inches 

119 


wide,  placed  perpendicularly  and  connected  at  the 
top  by  pieces  two  by  four  inches  in  dimension  and 
at  the  bottom  one  by  four  inches  in  dimension,  nor 
more  than  four  feet  apart.  There  shall  be  no  cover- 
ing except  at  necessary  crossings,  and  the  bottom 
of  such  boxes  shall  be  left  open;  or  there  may  be 
placed  open  conduits  of  cement,  stone  or  other  suit- 
able material,  the  construction  of  which  shall  be  as 
required  by  the  superintendent  and  the  superintend- 
ent of  streets.  AJl  boxes  or  conduits  shall  be  placed 
on  a grade  corresponding  to  that  of  adjoining- 
streets,  unless  otherwise  directed  by  the  superintend- 
ent of  streets.  If  it  shall  be  desired  to  have  any 
ditch  on  any  street  boxed,  the  council  by  a majority 
vote  of  all  members,  may  order  the  same  done. 
Thereupon,  the  superintendent  of  streets  shall  notify 
the  owner,  his  agent,  or  the  person  in  charge  of  the 
premises  adjoining  which  such  boxes  are  to  be  con- 
structed, to  commence  the  construction  thereof  with- 
in tend  days  after  the  receipt  of  such  notice  and  com- 
plete the  same  as  soon  as  may  be.  If  the  owner,  his 
agent  or  the  person  in  charge  of  such  premises  shall 
refuse  or  fail  to  comply  with  said  order,  such  boxes 
shall  be  placed  by  the  superintendent  of  streets  and 
the  expense  thereof  assessed  against  said  property 
and  collected  in  the  same  manner  as  taxes. 

§151.  Ditches.  (Sec.  334)  The  ditches  on  all 
streets  and  avenues  running  north  and  south  within 
the  city  shall  be  not  less  than  twenty  inches  wide  and 
ten  inches  deep,  except  the  ditch  on  the  east  side  of 
Cascade  avenue  which  shall  be  not  less  than  thirty- 
six  inches  wide,  and  except  also  the  ditches  on  either 
side  of  the  central  parking  on  Nevada  avenue.  The 
ditches  on  streets  running  east  and  west  and  in 
alleys,  shall  be  not  less  than  fourteen  inches  wide 
and  ten  inches  deep.  This  provision  shall  not  apply 
to  the  ditches  within  any  paving  district  created 

120 


under  tlie  statute.  If  there  be  any  boxes  adjoining- 
any  premises  that  are  not  of  the  recpiired  size,  the 
superintendent  of  streets  sliall  notify  the  ownei*, 
agent  or  person  in  control  of  sncli  premises  to  recon- 
struct said  ]k)x  to  tlie  recpiired  size  within  five  days 
after  notice.  If  sucJi  owner,  agent  or  party  shall  fail 
or  refuse  so  to  do,  the  superintendent  of  streets  shall 
remove  such  l)ox  and  open  the  ditch  to  the  required 
width.  No  ditch  shall  be  made  to  conduct  from  the 
main  ditches  exce])t  along  the  street  and  on  the  line 
l)etween  street  and  sidewalk  or  along  an  alley,  ex- 
cept tlie  council  may,  upon  application,  ])ermit  the 
construction  of  ditches  running  otherwise  and  the 
parties  interested  shall  construct  and  keep  in  re])air 
and  lie  responsible  to  the  city  for  any  damage 
caused  by  any  breaking  thereof  or  otherwise,  and 
any  sur])lus  water  therefrom  shall  be  reconveyed  to 
the  regularly  constructed  ditches  of  the  city.  All 
city  ditches  within  the  city  except  the  El  Paso  canal 
and  the  main  ditches  shall  be  under  tlie  su]iervision 
of  the  su})erintendhnt  of  streets  and  all  other  ditches 
belonging  to  the  city  shall  be  under  the  su])ervisiou 
of  the  superintendent.  [Ord.  No.  730,  passed  A])r. 
3,  1907,  as  amended  l)v  Ord.  No.  894,  ]iassed  Eeb.  5, 
1913.] 

§152.  Interference.  (Sec.  335)  No  person  shall 
obstruct  any  ditch,  ('anal  or  tlume  or  divert  or  turn 
water  from  the  same  to  his  own  or  other  premises 
without  permission  of  the  su])erintendent,  nor  shall 
open,  close,  raise  or  lower  any  of  the  gates  connected 
therewith,  nor  interfere  with  the  same  in  any  man- 
ner, nor  with  the  superintendent  or  his  employes  in 
the  discharge  of  their  duties.  [Ord.  No.  730,  passed 
A])r.  3,  1907.] 

§153.  Ditches,  Irrigation  For  Profit  Forbidden. 

(Sec.  1)  The  taking  of  water  from  any  irrigating 


I2I 


ditrli  owned  or  eontrolled  by  the  city  of  Colorado 
S])i‘iiii>s  for  tlie  ])iir])ose  of  irrigating  by  the  nse  of 
(lit(di  water  any  fruit  or  vegetable  gardens,  orchards, 
nurseries,  or  raiiclies,  for  profit,  and  not  connected 
with  ordinary  residence  lots,  is  hereby  prohibited. 

§154.  Penalty.  (Hec.  2)  Every  person  violating 
the  })rovisions  of  this  ordinance  shall  upon  convic- 
tion Ije  fined  in  any  snrn  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars.  [Ord.  No.  478, 
passed  Apr.  20,  1896.] 


CHAPTER  III 

OF  THE  DEPARTMEXT  OF  FIXAXCE. 

ARTICLE  1. 

ORGANIZATION  AND  SCOPE  OE  THE 
DEPARTMENT. 

§155.  Commissioner  of  Finance.  (Sec.  10)  In 
addition  to  the  duties  and  obligations  imposed  upon 
the  coimnissioner  of  finance  by  the  charter  of  the 
city,  he  shall  do  and  perform  such  acts  and  things 
as  are  re(inired  of  him  by  the  provisions  of  the  ordi- 
nances of  the  city,  and  by  the  resolutions  and  orders 
passed  or  ado])ted  by  the  council.  [Ord.  No.  730, 
Cha]).  4,  Art.  1,  ])assed  Apr.  3,  1907,  as  amended  by 
Ord.  No.  894,  passed  Feb.  5,  1913.] 

§156.  Powers  and  Duties.  Offices.  (Sec.  9) 
34ie  (‘omniissioner  of  the  department  of  finance  shall 
have  charge  and  supervision  over  all  accounts  and 
re('ords  of  the  city,  and  all  boards  or  departments 


122 


refill ired  to  keep  or  make  accounts.  He  shall  inspect 
or  cause  to  be  inspected  all  records  or  accounts  re- 
(piired  to  be  kept  in  any  of  the  offices  or  depart- 
ments of  the  city,  and  he  shall  cause  proper  accounts 
and  records  to  be  kept  and  proper  reports  to  be 
made.  He  shall  audit  or  cause  to  be  audited  at  fre- 
quent intervals  the  accounts  of  every  officer  or  eni- 
})loye  who  does  or  may  receive  or  disburse  money. 
He  shall  purchase  the  supplies  for  his  department 
in  the  manner  provided  by  ordinance.  He  shall  have 
charge  and  supervision  over  all  printing  by  or  for 
the  city,  unless  otherwise  provided  by  ordinance. 
He  shall  examine  and  approve  all  bills,  accounts,  pay 
rolls  and  claims  before  they  are  acted  upon  by  the 
auditor,  unless  otherwise  provided  by  ordinance. 

He  shall,  on  or  before  the  first  Monday  in  No- 
vember of  each  year,  certify  to  the  mayor  the 
amount  of  money  to  be  raised  by  taxation  during 
the  ensuing  hscal  year  to  make  payment  of  interest, 
sinking  fund  and  principal  of  bonded  indebtedness, 
and  also  the  estimated  amount  of  revenue  from  all 
other  sources  other  than  tax  levy.  He  shall  perform 
such  other  duties  as  are  prescribed  in  the  charter. 

He  shall  examine  or  cause  to  l)e  examined  the 
books  and  affairs  of  any  person,  persons  or  corpora- 
tion operating  public  service  utilities  which  are  re- 
quired by  law,  by  charter  or  by  ordinance  to  make 
reports  to  the  city  or  any  of  its  officers,  and  he  shall 
cause  to  be  collected,  all  license  fees,  franchise  taxes, 
rentals  or  other  moneys  which  may  be  due  or  become 
due  to  the  city  from  such  public  utility  corporations. 
He  shall  report  to  the  council  any  refusal  to  permit 
such  examinations,  with  such  recommendations  in 
relation  thereto  as  he  may  deem  proper. 

The  treasurer,  auditor,  city  clerk,  and  their  re- 


123 


s])(*(‘tive  ()ffi(‘e  or  (lej)artiiieiits,  and  all  employes 
therein  are  (listril)nted  and  assii>'iied  to  tlie  depart- 
ment of  finance,  and  shall  be  under  the  supervision 
of  the  commissioner  of  finance,  subject  to  the  general 
oversight  of  the  mayor. 

■ The  city  clerk  shall  be  appointed  l)y  the  councih 
Tlie  treasurer,  auditor,  and  all  deputies  and  employes 
in  their  resi)ective-  offices  and  departments,  and  all 
de])uties  and  employes  in  the  office  of  the  city  clerk, 
shall  be  a])])ointed  by  the  mayor,  the  ap]3ointments 
to  be  made  from  ])crsons  recommended  by  the  com- 
missioner of  finance  for  the  res])ective  ])ositions.  He 
shall  have  authority  to  sus])eud  any  officer  or  em- 
l)loye  in  his  depaidment  for  a period  not  to  exceed 
ten  days  whenever  in  his  judgment  the  ])ublic  inter- 
ests demand  or  will  be  l>etter  sul)served  tliereby. 

He  may  enp)loy  and  discharge  or  delegate  to  any 
sid)oidinate  the  ])ower  to  eni])loy  and  discharge  day 
laborers  and  unskilled  vrorkmen  in  his  department. 
jOis'l.  Xo.  778,  passed  Oct.  ‘JO,  1000.1 


ARTICLE  2. 

OF  THE  (TTY  AFDITOR. 

§157.  Auditor.  Deputy.  Appointment  Of.  Du- 
ties. (8e(‘.  1 J)  The  auditor  and  deputy  auditor  shall 
each  be  a])pointed  for  an  indefinite  term  in  the  man- 
ner ])i‘ovided  by  the  charter,  and  each  of  them  may 
be  removed  by  the  mayor  or  by  the  council  at  any 
time.  They  shall  each  receive  such  salary,  and  shall 
be  ])onded  in  a surety  company  for  the  faithful  per- 
formance of  their  res]3ective  duties  iu  such  sums  as 


24 


shall  be  fixed  by  ordinance.  The  auditor  shall  be 
custodian  of  all  moneys,  books,  papers,  property  and 
other  things  belonging  to  or  under  the  control  of  the 
city  ill  the  office  of  the  auditor,  and  in  the  event  of 
Ids  resignation  or  removal,  it  shall  be  his  duty,  on 
demand,  to  deliver  to  the  commissioner  of  tinance  all 
property  and  things  of  which  he  is  custodian  as 
auditor. 

§158.  Duties.  (Sec.  13)  The  auditor  shall,  in 
addition  to  the  duties  imposed  upon  him  by  law,  per- 
form the  following  duties: 

(a)  AUDIT  AND  SETTLE  CLAIMS.  The 
auditor  shall  audit  and  settle  all  claims  against  the 
city.  In  making  such  settlements  and  for  the  pur- 
pose of  ascertaining  the  true  state  of  any  balance  or 
balances  so  due,  the  auditor  shall  have  power  to  re- 
quire any  claimant  or  claimants  to  tile  with  him,  a 
statement  in  writing  under  oath  as  to  any  fact,  mat- 
ter or  thing  concerning  the  correctness  of  any  ac- 
count, claim  or  demand  presented. 

(b)  EECORDS.  The  auditor  shall  keep  in  -a 
clear,  methodical  manner,  a complete  set  of  books, 
wherein  sliall  be  stated,  among  other  things,  the  ap- 
propriations of  the  year  for  each  distinct  object  and 
branch  of  expenditure,  and  also  the  receipts  from 
each  and  every  source  of  revenue. 

(c)  REQUIRE  OFFICERS  TO  MAKE  STATE- 
MENTS. The  auditor  shall  require  all  officers 
charged  in  any  manner  with  the  receipt,  collection  or 
disbursement  of  the  city  revenues,  or  having  author- 
ity to  incur  expenses  on  account  of  the  city,  or 
charges  of  any  character  whatsoever  against  the  city 
revenues,  to  make  monthly  statements  in  writing- 
under  oath,  showing  in  detail  all  such  revenues,  ex- 
pense or  charges  and  tile  the  same  in  the  office  of  the 

125 


aiiditoi*.  It  sliall  be  the  duty  of  the  auditor,  when- 
ever any  officer  slialJ  refuse  or  neglect  to  make  such 
statement,  or  to  adjust  his  accounts  whenever  re- 
(juired  so  to  do  by  the  auditor,  or  to  i)ay  over  to  the 
|)ro])er  otfh'er  any  moneys  in  Ids  possession  belong- 
ing* to  the  city  to  cause  a notice  in  writing  to  be 
served  u])on  such  officer  and  his  sureties,  demanding 
a settlement  of  his  accounts  forthwith,  and  in  the 
(‘ase  of  the  refusal  or  neglect  of  such  officer,  for  a 
])eriod  of  three  days  after  the  service  of  such  notice, 
to  make  such  settlement  and  pay  over  such  moneys, 
said  auditor  shall  report  such  officer  to  the  mayor, 
who  shall  immediately  remove  him  or  cause  him  to 
be  removed  from  office;  and  proceedings  for  the  re- 
covering of  any  moneys  due  the  city  shall  be  at  once 
instituted  against  such  officer  and  his  sureties. 

(d)  ANNUAL  STATEMENT.  The  auditor 
shall  make  an  annual  statement  to  the  council  on  or 
before  the  tirst  day  of  Eebruary  of  each  year,  giving 
a full  and  detailed  statement  of  all  receipts  and  ex- 
])enditures  during  the  |)i*eceding  fiscal  year.  Such 
statement  shall  detail  the  liabilities  and  resources  of 
the  city  and  all  other  things  necessary  to  exhibit  its 
true  financial  conditions;  and  such  statement  when 
examined  and  approved  by  the  finance  committee  of 
the  city  council,  shall  be  published  by  him. 

(e)  ANNIWL  ESTIMATES.  The  auditor 
shall  furnish  the  commissioner  of  finance  such 
statements  and  information  concerning  the 
financial  conditions  of  the  city  as  said  com- 
missioner may  recpiire  in  order  to  enable  him  to  com- 
ity with  the  provisions  of  the  charter  relating  to 
annual  appropriation  estimates.  The  auditor  shall 
])erforni  such  additional  duties  as  may  be  required 
by  the  ordinam*es  of  the  city,  and  by  the  commis- 
sioner of  finance. 


126 


(f)  AIONTJILY  STATEMP]NT.  The  auditor 
shall  on  or  before  the  15tli  day  of  each  and  every 
niontli,  make  a monthly  statement  which  shall  be  de- 
livered to  the  council  at  its  next  regnlar  meeting* 
after  the  15th,  showing*  (a)  the  financial  condition  of 
the  city  at  the  end  of  the  preceding  month  as  com- 
pared with  the  same  month  of  the  previous  year;  (b) 
the  revenue  and  expenses  for  the  preceding  month 
compared  with  the  same  month  of  the  previous  year, 
and  for  the  fiscal  year  to  the  end  of  said  preceding 
month  compared  with  the  same  period  for  the 
previous  year;  and  (c)  expenditures  made  under  the 
appropriations  by  the  council,  the  balance  and  per- 
centage of  the  appropriations  unexpended.  The 
auditor  shall  ’also  make  to.  the  council  on  or  before 
the  15th  day  of  each  and  every  month  for  the  preced- 
ing month,  a report  of  each  and  every  pay  roll  upon 
which  he  shall  make  payments  to  any  employes  of 
the  city;  such  pay  roll  shall  contain  the  name  and 
place  of  residence  of  each  employe  and  shall  indi- 
cate the  service  for  which  such  employe  is  paid. 

(g)  WAEEANTS.  The  auditor  shall  issue  and 
countersign  all  warrants  drawn  upon  the  treasurer. 
Each  warrant  shall  state  the  particular  fund  or  ap- 
propriation to  which  the  same  is  chargable  and  the 
person  to  whom  payable,  and  no  moneys  shall  be 
otherwise  paid  than  upon  warrants  so  drawn.  Upon 
the  presentation  of  any  voucher  for  payment,  the 
auditor  before  issuing  a warrant  therefor,  shall  cause 
to  be  made,  an  inspection  and  examination  of  the 
article  supplied  and  work  and  labor  performed, 
whether  by  written  contract  or  otherwise,  also  of  any 
items  appearing  in  any  such  voucher,  for  the  purpose 
of  ascertaining  that  such  items  or  any  of  them  are 
correct  and  the  price  and  quality  of  the  labor  and 
service  performed  and  the  price,  quality  and  amount 
of  goods,  wares  and  merchandise  represented  by  such 


127 


voiK'lier  ar(‘  lair  aud  just  and  in  aceordaiu'e  with  the 
t(*rins  of  the  written  coiitrac't,  if  any  there  be,  and 
that  all  re(|nirenients  and  ohli<>-ati()ns,  express  or 
ini|)lied  ])ertaining-  thereto,  have  been  ('oni})lied  with. 
For  any  siu'h  examination  and  ins])e(*tion,  all 
officers,  departments  and  ])ersons  liavin<>  sn])er- 
vision  of  -work  and  labor  or  the  ])nreliasin^‘  ot 
snp])lies  and  material  to  he  paid  for  by  the  city,  are 
hereby  directed  to  render  such  assistance  to  the 
auditor  as  may  he  necessary  to  determine  the  price, 
(jiiality  and  character  of  the  work  and  labor  per- 
formed, material  supplied,  or  the  faithful  ])erforni- 
aii(*e  of  contracts. 

(h)  liEPORT  ILiREGLd.AKm  In  the  re- 
port of  the  auditor  to  the  council  so  required  to  he 
made,  shall  be  embraced  a summary  statement  of  any 
irreg’ularities  discovered  by  said  inspections  and  ex- 
aminations so  made  by  order  of  the  auditor. 

§159.  Deputy  Auditor.  (Sec.  14)  The  deputy 
auditor  shall  perform  the  duties  of  the  auditor  in  his 
absence,  and  shall  perform  such  additional  duties  as 
shall  be  assigned  him  by  the  commissioner  of  finance, 
and  by  the  auditor. 

§160.  Financial  Reports.  (Sec.  20)  Monthly 
iinancial  reports  for  each  calendar  month  are  hereby 
required  to  be  made  to  the  auditor  by  all  depart- 
ments, officers  or  persons  connected  with  the  city 
government.  [Orel.  No.  730,  passed  Apr.  3,  1907,  as 
amended  by  Ord.  No.  894,  passed  Feb.  5,  1913.] 


ARTICLE  3. 

OF  THE  CITY  TREASURER. 

§161.  Appointment  of.  Bond.  Duties.  (Sec. 

128 


!())  The  treasurer  sliall  be  appointed  as  ])rovided  by 
the  eliarter,  and  shall  be  bonded  in  the  sum  of  $75,000 
by  a surety  eojn})any  for  the  faitliful  performance  of 
the  duties  of  bis  office.  He  shall,  upon  bis  resigna- 
tion or  removal  from  office,  forthwith,  upon  demand, 
deliver  to  the  commissioner  of  finance,  all  moneys, 
books,  })apers,  ])roperty  or  other  things  in  bis  custody 
or  control  1)elong‘ing  to  the  city. 

§162.  Duties.  {Hec.  17)  The  treasurer  shall  in 
addition  to  the  duties  now  imposed  upon  him  by  law, 
perform  the  following  duties: 

(a)  KECEIIT.  MONEYS.  The  treasurer  shall 
receive  all  moneys  l)elonging  to  the  city. 

(b)  EEPORT  TO  AUDITOR.  The  treasurer 
shall  render  to  the  auditor  a daily  statement,  setting 
forth  all  moneys  received  by  him  and  on  what  ac- 
count they  shall  have  been  received,  and  all  moneys 
paid  out  by  him  and  on  what  account  they  shall  have 
been  paid.  The  monthly  report  recpiired  by  law  to 
be  made  to  the  council,  shall  show  the  name  of  the 
bank  where  any  moneys  of  the  city  are  deposited,  the 
sum  of  money  on  deposit  in  each  bank  at  the  date  of 
such  report,  the  interest  paid  or  credited  thereon  by 
each  ‘bank,  and  the  rate  of  interest  so  paid  or 
credited. 

(c)  BOOKS  OE  ACCOUNT.  The  treasurer 
shall  cause  to  be  kept,  books  of  account  in  such 
manner  as  to  show  with  entire  accuracy  all  moneys 
received  by  him  and  from  whom  and  on  what  ac- 
count they  shall  have  been  received;  and  all  moneys 
paid  out  by  him  and  to  whom  and  on  what  account 
they  shall  have  been  paid,  and  in  such  manner  that 
such  books  may  be  readily  understood  and  investi- 
gated. Such  books  and  all  the  papers  and  files  of  the 
office  of  the  treasurer  shall  be  at  all  times  open  to 


129 


the  examination  of  the  mayor,  tJie  auditor,  the 
finaiiee  committee  or  any  member  of  the  council. 

§163.  Deputy.  When  Appointed.  (Sec.  18) 
^Jdie  council  may,  whenever  it  deems  it  necessary,  l)y 
resolution,  autliorize  the  ai)pointment  of  a deputy 
treasurer,  and  prescril)e  his  duties  and  fix  his  salary, 
and  the  amount  of  his  bond.  [Ord.  No.  780,  passed 
Api'.  8,  1907,  as  amended  l)v  Ord.  No.  894,  ])assed 
Fel).  5,  1918.] 


ARTICLE  4. 

OF  THE  PURCHASE  OF  SUPPLIES  AND 
:\rATERL\LS  AND  ACCOUNTING  FOR 
THE  SAME. 

§164.  Commissioners  Purchase  Supplies.  (Sec. 

1.)  The  commissioner  of  each  of  the  executive  and 
administrative  departments  of  the  city  shall  have 
charg-e  and  supervision  of  the  purchase  of  all  supplies 
and  material  used  in  the  work  and  maintenance  of 
his  department,  provided,  that  where  work  is  done 
or  improvements  made  in  any  department  under  con- 
tract, such  contract  for  all  amounts  in  excess  of  $200, 
shall  he  authorized  by  the  council  and  the  juaterial 
necessary  for  doing*  said  work  or  making*  said  im- 
provements shall  be  furnished  as  provided  in  said 
contract. 

§165.  How  Lists  Shall  Be  Made  for  Advertise- 
ment. (Sec.  2)  The  commissioner  of  each  depart- 
ment shall  cause  the  employe  in  charge  of  each  sub- 
de]:>artment  or  office  in  said  commissioner’s  depart- 

130 


iiient,  to  make  out  as  near  as  practicable  an  itemized 
list  of  all  supplies  and  material  which  will  be  neces- 
sarily recpiired  for  use  in  said  sub-department  or 
office  for  the  next  ensuing-  three  months  after  the 
making-  of  such  list.  Such  list  shall  describe  each 
article  required  and  state  the  purpose  for  which  it 
is  to  be  used  and  the  officer  or  employe  by  whom  the 
same  is  to  be  used  so  far  as  practicable.  Such  list 
shall  be  signed  by  the  person  making  the  same,  and 
shall  be  tiled  with  the  commissioner  on  or  before  the 
last  Saturday  in  December,  March,  June  and  Sep- 
tember of  each  and  every  year.  The  commissioner 
shall  examine  said  itemized  lists,  and  shall  approve 
and  allow  only  such  items  as  in  his  judgment  are 
proper  and  necessary  for  use  in  said  sub-department 
or  office. 

§166.  Commissioner  Advertise  for  Bids.  (Sec. 

3)  The  commissioner  shall  make  up  a list  from  the 
itemized  lists  furnished  him  of  the  supplies  and  ma- 
terial required  for  use  in  his  department  for  the  en- 
suing quarter,  and  he  shall  furnish  the  city  clerk 
such  list  and  the  clerk  advertise  in  a daily  paper 
published  in  this  city  for  a period  of  three  days,  for 
sealed  proposals  to  be  made  at  a time  specified  in 
the  advertisement,  for  the  furnishing  of  such  sup- 
plies or  material.  ^At  the  time  specified  the  bids 
shall  be  opened  in  the  presence  of  the  council,  and 
contracts  for  furnishing  of  such  supplies  and  mate- 
rial shall  be  awarded  by  the  council  to  the  lowest 
and  best  bidder,  estimating  the  bids  in  detail,  and 
awarding  to  the  respective  bidders  a contract  for  the 
articles  only  whereon  the  bid  is  lower  than  are  other 
bids  on  the  same  article.  Provided,  that  if  the  bids 
so  submitted  are  not  satisfactory,  said  bids  may  be 
rejected,  and  the  commissioner  of  said  department 
shall  advertise  for  other  bids  as  herein  provided. 


§167.  Purchase  Made  Only  of  Contractor  on 
Requisition.  (Sec.  4)  The  purchase  of  all  supplies 
and  materials  shall  be  made  only  of  the  contractor 
who  has  been  awarded  the  contract  as  herein  pro- 
vided except  omitted  or  emergency  supplies  or  mate- 
1‘ial  which  shall  be  purchased  as  hereinafter  ])i*o- 
vided.  All  supplies  or  material,  except  omitted  or 
emergency  supplies,  shall  be  purchased  in  the  follow- 
ing manner  and  not  otherwise.  The  city  shall  fur- 
nish each  sub-department  or  office,  order  blanks  in 
tri})licate.  The  head  of  any  sub-department  or  office 
recpiiring  any  article  or  material  for  use  in  such  sub- 
department or  office  shall  till  out  the  order  blank 
in  triplicate  stating  what  article  or  material  is  re- 
(piired  and  the  ])urpose  for  which  ordered,  the  per- 
son for  whom  said  articles  are  ordered,  and  the 
contract  price  of  such  article  or  material  when  prac- 
ticable. The  orders  thus  made  out  in  triplicate  shall 
be  presented  to  the  commissioner  of  his  de])artment. 
The  commissioner  shall  examine  each  of  the  items 
contained  in  said  order,  and  strike  out  all  items 
which  he  believes  should  not  be  purchased,  and  he 
shall  approve  the  orders  in  triplicate  for  such  sup- 
plies or  material  as  he  believes  should  be  purchased, 
provided,  that  no  commissioner  shall  order  any  single 
expenditure  for  material  or  supplies  in  excess  of 
$200  without  such  expenditure  has  been  first  ordered 
by  the  council. 

The  a])proved  triplicate  orders  of  ])urchases 
shall  be  disposed  of  as  follows;  One  (‘0])y  shall  be 
retained  in  the  order  book  ke])t  by  tlie  head  of  Ihe 
sub-department  or  office;  one  copy  shall  be  filed  with 
the  auditor;  and  one  co])y  shall  go  to  tlui  ])erson  or 
firm  from  whom  the  article  or  material  is  ])uiT‘hase<l, 
and  it  shall  be  unlawful  for  any  (*ity  employe  to 
order,  or  for  any  dealer  to  furnish  any  su]'/[-lies  or 


132 


iuatei*ial  for  the  eity  without  first  having-  an  order 
for  the  ])nrelmse  of  the  same. 

Hie  auditor  shall  charge  in  a ])ro])er  I'ecord,  to 
each  sub-department  or  office  all  supplies  or  mate- 
]-iai  furnished  tlie  same  as  shown  by  the  duplicate 
ordei's  of  ])urchase  filed  in  his  office. 

When  any  purchase  is  made  by  any  commis- 
sioner in  inirsuance  of  any  order  of  the  council,  the 
commissioner  shall  file  with  the  auditor  a statement 
sftowi ng  when,  where  and  by  whom  the  purchase 
was  made,  and  state  the  date  of  the  adoption  of  the 
order  authorizing  the  purchase. 

§168.  Council  Order  Purchase  of  Omitted  Sup- 
plies \¥hen  the  Amount  Exceeds  Fifty  Dollars.  ( Sec. 
5)  In  the  event  that  any  article  or  material  is  neces- 
sarily reijuired  in  any  department,  which,  tor  any 
reason  was  omitted  from  the  list  of  articles  con- 
tracted for  by  the  lowest  bidder,  as  herein  provided, 
sucli  article  or  material  to  the  amount  of  fifty  dollars 
($50)  shall  be  purchased  by  the  commissioner  where 
the  same  can  be  purchased  for  the  lowest  and  best 
price,  but  when  the  price  of  said  article  or  material 
exceeds  the  sum  of  fifty  dollars  ($50),  such  article 
or  material  shall  be  ]^urchased  only  after  the  coun- 
cil has  authorized'  such  ])urchase,  and  before  the 
council  shall  act  thereon,  the  commissioner  in  whose 
de])artment  such  article  is  required  shall  present  a 
written  statement  to  the  council  designating  the  arti- 
cle or  material  to  he  purchased,  and  stating  where  the 
same  is  to  be  purchased  and  the  ])rice  to  be  p’aid 
therefor. 

§169.  Emergency  Purchases.  (8ec.  6)  In  the 
event  that  an  emergency  arises  in  any  department 
making  it  necessary  to  immediately  purchase  some 
article  or  material  not  included  in  the  list  of  supplies 


133 


or  materials  wliicli  have  been  awarded  ))y  contract, 
after  advertisement  as  herein  ])rovided,  and  the  cost 
of  sncli.  repair  or  article  or  material  is  more  than 
lifty  dollars  ($50),  snch  article  or  thing’  may  be  pur- 
chased by  the  commissioner  of  the  department  ,re- 
cpiiring  the  same,  provided,  that  such  purchase  is 
made  where  the  same  can  be  obtained  for  the  lowest 
and  best  i^rice  considering*  the  circumstances  sur- 
rounding such  emergency,  and,  provided,  that  the 
commissioner  shall  furnish  the  council  at  its  next 
regular  meeting  after  such  purchase,  a written  state- 
ment which  shall  contain  the  name  of  the  article 
l)iirchased,  date,  from  whom,  and  the  price  at  which 
])urchased,  and  the  cause  of  the  emergency  which 
led  to  snch  purchase.  The  council  shall  approve  snch 
})nrchase  and  order  the  same  paid  as  are  other  ac- 
counts against  the  city,  unless  it  shall  find,  after  con- 
sidering all  the  circnmstances  of  snch  purchase,  that 
the  same  was  not  made  in  good  faith  and  at  a fair 
price,  in  which  event  the  council  shall  order  paid 
only  snch  amount  as  it  considers  should  be  a fair 
charge  against  the  city  for  said  article  or  thing. 

§170.  Commissioner  of  Finance  Audit  and  Ap- 
prove Bills.  (Sec.  7)  The  commissioner  of  finance 
shall  examine  all  bills  for  the  purchase  of  su]iplies 
and  material  filed  with  the  auditor,  and  shall  audit 
and  allow  only  snch  as  are  for  supplies  and  material 
purchased  in  the  manner  herein  provided,  and  the 
auditor  shall  draw^  warrants  for  all  bills  and  accounts 
so  audited  and  allowed  by  the  commissioner  of 
finance. 

§171.  Inventories  of  City  Property.  (Sec.  8)  It 
shall  be  the  duty  of  each  commissioner  to  (‘anse  a 
complete  inventory  to  be  made  of  all  ])roi)erty  be- 
longing to  or  owned  by  the  city  in  bis  de])artnient, 
and  to  make  out  a detailed  statement  in  writing  of 


134 


the  various  articles  in  liis  custody  or  under  Ids  con- 
trol, whicli  detailed  statement  sliall  he  sii>-iied  by  said 
commissioiiei*  and  hied  with  the  city  auditor  on  or 
before  the  first  day  of  March,  1910,  and  said  commis- 
‘sioner  shall  thereafter  cause  quarterly  inventories 
and  statments  to  be  made  and  tiled  as  above  pro- 
vided. 

§172.  Inventories  Recorded  by  Auditor.  (Sec. 
9)  It  shall  be  the  duty  of  the  city  auditor  to  provide, 
under  the  supervision  of  the  commissioner  of  finance, 
a proper  book  in  which  shall  be  entered  the  contents 
of  each  inventory  and  statement  hied  by  each  com- 
missioner, i>iving-  the  name  of  the  commissioner  and 
the  date  of  hling  such  statement.  It  shall  also  be 
the  duty  of  the  auditor  to  keep  a book  in  which  there 
shall  be  charged  to  each  commissioner’s  department 
every  article  purchased  for  said  de])artment  as  shown 
by  the  bills  of  purchase  in  his  office. 

§173.  The  Heads  of  Sub-Departments  Account 
to  Commissioners.  (Hec.  10)  The  commissioner  of 
each  de])artment  shall  cause  the  head  of  each  sum- 
department,  or  officer,  to  account  for  all  supplies 
and  material  furnished  him,  and  also  for  all  tools, 
l)ooks,  and  other  property  belonging  to  or  owned  l)y 
the  city  in  his  possession  or  under  his  control,  and 
said  commissioner  shall  cause  the  heads  of  said  sub- 
departments or  officers  to  make  written  statements 
quarterly,  said  statements  to  contain  an  inventory 
of  all  property  on  hand,  what  articles  have  been 
used,  or  consumed  in  the  work  of  said  sub-depart- 
ment, or  office,  and  if  said  statement  shall  show  the 
omission  of  any  tool,  article  or  thing  belonging  to 
said  department  as  a ])art  of  the  regular  fixtures  or 
furnishings  thereof  reported  in  the  last  previous 
statement,  the  head  of  such  sulndepartment  or  office 
shall  satisfactorily  account  to  the  Commissioner  for 


135 


.siK'li  m-ti(4e,  or  tiling-  or  pay  to  the  city  tiie  reasoiiahle 
value  tliereof. 

§174.  Blanks  and  Books  Prepared.  (Sec.  11) 
T]ie  coimnissioiier  of  each  dej^artineiit,  l)y  rUid* 
with  the  assistance  of  the  mayor  and  the  commis- 
sioner of  finance,  sliall  pre})are  and  ])rocure  tiie  nec- 
essary blanks  and  books  for  tlie  juirpose  of  carryini>‘ 
into  effect  the  provisions  of  this  ordinance. 

§175.  Penalty.  (Sec.  1 2)  Any  ])erson  violating' 
any  of  the  ]!,rovisions  of  this  ordinance  sliall,  on  <‘on- 
viction,  he  fined  in  any  sum  not  exceeding  $200. 

§176.  Repeal.  (Sec.  13)  All  ordinances  and 
laws  and  ])ai*ts  of  ordinances  and  laws  in  conflict  with 
any  of  the  {irovisions  of  this  ordinance  are  hereby  re- 
])ealed.  [Oi'd.  Xo.  789,  ipassed  Jan.  5,  1910.] 


ARTICLE  5. 

OF  THE  SALARIES  OF  CITY  E^IPLOYES. 

§177.  Salaries.  (Sec.  1)  That  the  salary  of  the 
(hty  employes  hereinafter  named  shall  be  as  herein- 
after set  out  and  said  salaries  shall  be  payalJe  semi- 
monthly. 

City  clerk $150.00  per  month 

Deimty  city  clerk  and  license  col- 
lector  100.00  per  month 

De])uty  and  miscellaneous  cleifc, 

city  clerk’s  office 75.00  ]>er  month 

($50.00  ])er  month  to  be  ])aid  out  of  the  ceme- 
tery fund.) 

Recording  clerk  and  stenogra- 

])her,  city  clerk’s  office 90.00  ])er  month 

136 


City  treasurer  . . 150.00  per  month 

City  auditor 150.00  per  moutli 

l)e])iity  city  auditor 125.00  ])er  mouth 

Police  uiai>isti‘ate 100.00  per  mouth 

City  forester 120.00  ])er  mouth 

Chty  attorney,  salary  and  steiiog- 

ra])her  fees 255.00  per  mouth 

Eui])loyes  iii  the  l)ei)artmeut  of  \\"ater  and 
Water  Works: 

Superiuteudeut $200.00  })er  month 

Foreman 110.00  ])er  month 

Clerk 110.00  ]>er  mouth 

Bookkee])er 90.00  per  montli 

Water  commissioner 150.00  ])er  mouth 

First  clerk 90.00  ])er  month 

Second  clerk . 90.00  ])er  month 

i\[eter  ins])ector 85.00  ]>er  month 

Turn-off' man 85.00  per  month 

Water  ins])ectors 80.00  ])er  montli 

Caretaker  Lake  Aloraine 100.00  per  month 

( Viretaker  at  Seven  Lakes 75.00  ]ier  month 

Caretaker  at  reservoirs  7 and  8.  ...  75.00  ]ier  month 

Caretaker  at  Riixton  Intake 75.00  ])er  month 

CViretaker  at  Bear  creek 70.00  per  month 

($25.00  ])er  month  to  he  ]>aid  by  the  ])ark  com- 
mission.) 

Caretaker  at  ]\Ianitou  Settler.  . . . 80.00  ]>er  month 

(And  house  rent.) 

Caretaker  at  Pike  \hew 75.00  ]>er  month 

(And  house  rent.) 

Barn  man  and  teamster . 75.00  ])er.  month 

Ta])])er 85.00  ]>er  month 

Day  laborers,  not  less  than 2.50  ])er  day 

Fmployes  in  the  de])artment  of  ])iihli('  works  and 
])i‘operty:  Fni>‘ineerini>‘  de])artment: 

City  eiii>ineer $175.00  ]>er  month 

137 


($*jr).()0  to  1)0  ))ai(l  by  do])artnient  of  water  and 
wat(M-  works.) 

Assistant  eit}'  en^-ineer  125.00  ))er  month 

1 )i'aftsnieii,  $4.00  per  day  or 100.00  ])er  niontli 

St(Miogra])Iiei-  and  elerk 85.00  ]>er  month 

($10.00  ])er  month  to  l)e  paid  1)y  the  de]>art- 
ment  of  liealth  and  sanitation.) 


Instrument  men,  not  less  than.  . . . 8.50  per  day 

Rodnien,  not  less  than 2.50  per  day 

(diainmen,  not  less  than 2.25  per  day 

Inspector,  not  less  than 2.50  per  day 

Street  department: 

Street  commissioner $165.00  ])er  Tiionth 

Foreman 105.00  ])er  month 

Barn  man 80.00  per  month 

Clerk  and  hookkeei:>er 75.00  per  month 

(Of  wliich  $25  per  montli  is  to  he  ]>aid  by  the 
civil  service  commission.) 

Day  laborers,  not  less  than 2.25  per  day 

Man  with  teams 4.00  per  day 

Road  roller  men,  not  less  than.  . . . 8.00  per  day 

Pit  foreman,  not  less  than 2.50  per  day 

Gravel  o])ei‘ating  foreman,  not  less 

than ; 2.50  per  day 

l)ej)artment  of  ])nhlic  bnildini>s  and  grounds: 

Head  janitor  at  city  hall $75.00  ])er  month 

Assistant  janitor  at  city  hall 60.00  ])er  month 

Fni])loyes  in  the  department  of  ])nbli(‘  safety: 
Police  de])artment: 

•Chief  of  ])olice $150.00  ])er  montli 

Ca])tain 115.00  ]:>er  month 

Chnl\ 100.00  ])er  month 

Sergeant,  12  hours 95.00  per  month 

Detecdives 100.00  ]>er  month 

Drivers,  barn  or  automobile  patro- 
lmen, 12  hours 

Patrolmen,  8 hours 


13^ 


85.00  ]>er  month 

80.00  ])er  month 


i\I()iink‘(l  or  motoixiyde  men,  12 

hours 85.00  per  month 

(When  horses  are  furnished  by  men,  $15.00 
per  month  extra.) 

Police  chauffeur 00.00  per  month 


Fire  de])artment: 

Cliief $150.00 

Assistant  chief 115.00 

Captains : 100.00 

Lieutenants 90.00 

Engineer 95.00 

Assistant  engineer 90.00 

Auto  driver  and  machinist 95.00 

Firemen  for  first  six  months^ 

service 75.00 


per  month 
per  month 
per  month 
per  month 
per  month 
per  month 
per  month 

per  month 


Firemen 'for  second  six  months’ 
service  


80.00  per  month 


Firemen,  thereafter 85.00  per  month 

(When  firemen  who  have  rendered  satisfac- 
tory service  in  the  fire  department  of  the  city  are 
re-employed  in  tlie  fire  department,  such  previ- 
ous services  may  he  considered  in  the  fixing  of 
the  salaiy  of  such  fireman.) 


Fire  warden 80.00  per  month 

Telephone  operators 50.00  ])er  month 

City  electrician 125.00  per  month 

Linemen,  not  less  than 3.40  per  day 


Employes  in  the  department  of  health  and  sani- 
tation : 

Health  officer $140.00  ])er  month 

City  chemist 110.00  ])er  month 

Clerk  in  health  department 100.00  ])er  month 

Inspectors 85.00  ])er  month 

Dump  boss 60.00  per  month 

Marketmaster 87.50  per  month 

Assistant  marketmaster 85.00  per  month 

Weighmaster 75.00  per  month 


39 


I nspeetoi- of  wei^lits  and  measures  70.00  })er  month 

Sui)erintemlent  of  sewers 137.50  ])er  montli 

Assistant  sni)erintendent  of  sewers  75.00  per  montli 

Day  laborers,  not  less  than 3.50  per  day 

Man  with  teams,  not  less  than.  . . . 4.00  ])er  day 

Superintendent  of  (*emetery 137.50  per  month 

Assistant  superintendent  of  cem- 
etery  : 100.00  per  montli 

Day  laborers,  not  less  tlian 2.50  per  day 

§178.  Appointment.  Removal.  (Sec.  2)  Each 
eiiijiloye  named  in  section  1 of  this  ordinance  shall 
not  he  a])])ointed  for  a fixed  term,  hut  shall  always  be 
'suliject  to  removal  by  the  mayor  or  city  council,  and 
u])on  removal  his  rii>lit  to  salary  shall  immediately 
cease  and  determine. 

§179.  Payable  "When.  To  Whom.  (Sec.  3)  No 
em])loye  shall  he  ])aid  his  salary  herein  ])rovided 
until  he  has  been  elected  or  a])pointed  in  the  manner 
])i‘ovided  for  in  the  charter,  or  by  ordinance,  and  no 
suliordinate  officer  or  employe  who  may  lie  required 
teni])orarily  to  ])erforni  the  duties  of  his  sujierior  in 
any  de])artment  shall  he  paid  the  amount  of  salary 
])rovided  for  such  sui)erior.  [Ord.  No.  887,  passed 
Dec.  24,  1912,  as  amended  by  Ord.  No.  911,  passed 
duly  1(),  1913,  and  by  Ord.  No.  912,  ])assed  duly  23, 
1913.] 


ARTICLE  6. 

OF  SPEOIAE  ELECTIONS  TO  AFTHORTZE 
INDEBTEDNESS  AND  ISSI  ANCT 
OF  BONDS. 

§180.  Special  Elections.  (Sec*.  1)  S])c(*ial  munic- 
i])al  ele(*tions  in  the  (*ity  of  C^olorado  S])rini>‘s^  for 

140 


the  })iirj)()se  of  voting’  on. the  (jnestion  ot  the  creation 
of  any  indebtedness  or  the  issuance  of  any  bonds, 
shall  be  called,  held  and  conducted  in  the  manner 
h erei n after  ] )i*o v i ded. 

§181.  Called  by  Ordinance.  (Sec.  l^)  Siicli  elec- 
tions shall  be  called  in  pursuance  to  an  ordinance 
})assed  by  the  council,  wliicli  ordinance  shall  desig- 
nate the  date,  which  shall  not  be  less  than  thirty  nor 
more  than  sixty  days  after  the  passage  of  such  ordi- 
nance, on  which  said  election  shall  be  held,  and  the 
purpose  for  which  called,  and  the  questions  to  be 
submitted  to  the  electors,  and  the  manner  in  which 
votes  shall  be  cast  for  and  against  the  question  sub- 
mitted. More  than  one  such  question  may  be  sub- 
mitted at  the  same  special  election. 

§182.  Qualifications  of  Electors.  (Sec.  3)  No 
person  shall  be  allowed  to  vote  at  any  snch  s])ecial 
election  without  having  been  registered  as  herein 
provided,  and  without  having  paid  a property  tax 
in  said  city  in  the  year  next  preceding  such  election. 

§183.  General  Election  Registration  Lists  to  be 
Used.  (Sec.  4)  The  registration  lists  which  were 
used  at  the  last  general  city  election  shall  be  used  in 
Huch  special  city  elections,  and  any  (pialified  elector 
of  the  city  whose  name  is  on  such  registration  list, 
and  who  still  resides  at  the  place  designated  in  his 
said  registration,  and  who  has  paid  a property  tax 
in  the  city  in  the  year  next  ])receding  such  special 
election,  shall  be  deemed  properly  registered  for  said 
election  and  entitled  to  vote  thereat. 

§184.  Changes  in  Registration.  How  Made. 

(Sec.  5)  Additional  registration  and  changes  in  reg- 
istration may  be  made  in  the  following  manner: 

Before  any  special  municipal  election  held  for 
any  of  the  purposes  herein  mentioned  any  qualified 


elec'tor  wliose  name  does  not  appear  upon  the  regis- 
tration lists  shall  have  the  right  to  liave  his  name 
])laeed  upon  sneli  registration  lists  by  presenting 
himself  for  registration  at  the  office  of  the  city  clerk 
between  the  hours  of  eight  o’clock  a.  m.  and  nine 
o’clock  p.  m.  on  the  eighth  day  preceding  the  elec- 
tion thus  to  he  held,  or  if  that  day  be  a legal  holiday 
or  a Sunday,  then  on  the  succeeding  day,  and  by 
(‘om]hying  with  the  recprirements  prescribed  by  the 
general  registration  laws  of  the  state. 

Any  (jiialified  elector  whose  name  appears  upon 
said  registration  list,  bnt  who  has  removed  from  the 
precinct  in  which  he  is  registered  to  some  other  pre- 
cinct, ma}'  appear  before  the  city  clerk  at  any  time 
within  five  days  ])rior  to  any  municipal  election  and, 
ii])on  making  oath  in  writing  as  to  his  then  present 
residence,  said  city  clerk  shall  draw  a line  in  red  ink 
through  the  registration  of  sncli  ])erson,  making  a 

note  as  follows;  “Changed , 19.  . to 

])recinct , ward ,”  inserting 

the  date  and  number  of  ])recinct  and  ward  therein, 
and  shall  register  in  red  ink  vSnch  person  in  the  reg- 
istration list  for  the  ])recinct  in  which  such  person 
then  resides;  and  a change  of  residence  within  the 
same  ])recinct  may  be  made  in  like  manner.  The 
Herk  or  de])iity  making  sncli  change  shall  sign  his 
name  in  the  column  ])rovided  for  the  signatures  of 
the  registration  committee,  and  the  person  so  regis- 
tered shall  also  sign  his  name  as  in  the  case  of  an 
original  regi stra t ion . 

it  shall  be  the  duty  of  the  judges  of  election  to 
call,  in  ])erson  at  the  office  of  the  clerk,  one  day 
])i'ior  to  such  election  for  the  ])iir]K)se  of  receiving 
such  copy  of  the  registration  list  and  such  certified 
al])habetical  lis  fof  tax])ayers,  which  shall  be  deliv- 
ered to  them  in  sealed  envelo])e,  which  envelope  shall 


142 


not  be  opened  until  tlie  morning  of  election  at  the 
polls  in  the  presence  of  the  judges. 

The  registration  committee  and  the  judges  and 
the  clerks  of  election  shall  be  the  same  as  are  now 
or  may  hereafter  be  provided  by  the  general  laws  of 
the  state,  except  as  the  council  may  otherwise  by 
ordinance  provide. 

§185.  Who  May  Vote.  Oath.  Challenges.  (Sec. 

b)  Any  elector  whose  name  is  on  said  registration 
list  shall  be  allowed  to  vote. 

(a)  When  such  elector's  name  is  found  on  a list 
certified  by  the  county  treasurer  of  El  Paso  county 
of  those  who  have  j^aid  a property  tax  in  the  city  in 
the  year  next  preceding  said  election. 

(b)  When  the  elector  presents  to  the  judges  of 
election  a receipt  from  the  coutny  ‘treasurer  of  El 
Paso  county  showing  that  said  elector  has  paid  a 
property  tax  in  this  city  in  the  year  next  preceding- 
said  election,  provided,  that  any  qualified  elector 
or  election  official  shall  have  the  right  to  challenge 
any  elector  having  the  qualifications  set  out  in  pro- 
visions ‘‘a”  or  “b,”  and  if  such  elector  is  so  chal- 
lenged he  or  she  shall  not  be  allowed  to  vote  unless 
he  or  she  shall  take  the  oath  hereinafter  set  out  in 
provision 

(c)  When  he  or  she  shall  have  taken  an  oath 
which  shall  be  administered  by  one  of  the  election 
judges,  as  follows: 

‘W^ou  do  swear  by  the  ever  living  God  (or  af- 
firm) that  you  have  paid  a property  tax  in  the  city 
of  Colorado  Springs  in  the  year  next  preceding 
the  date  of  this  election,  (or  under  the  pains  and  pen- 
alties of  perjury).’’ 

Before  the  date  of  holding  any  special  election 


143 


imd(‘i-  lli(*  provisions  of  this  ordiiiaiK'e  the  oily  clerk 
shall  procure  from  the  county  treasurer  of  Ell  Paso 
(‘oiiuty  a ('ertified,  alphahetical  list  of  all  persons  re- 
sidiui>‘  in  tin*  (uty  of  Colorado  Spriiii>-s  who  have  ];aid 
a ))i'0))erty  tax  iii  said  (uty  in  the  year  next  preceding 
the  date  of  holding  such  special  election,  and  tJie 
said  (‘lerk  sliall  furnish  to  the  election  judges  of 
each  i)reciu(‘t  in  the  city  a true  copy  of  said  certi- 
n(‘d  list  for  the  use  of  said  judges  at  said  election. 

§186.  Election  Notices.  (Hec.  7)  After  the  or- 
dinance ('ailing  a s])ecial  election  has  been  jjassed 
hy  the  ('ouncil  and  has  gone  into  effect  the  clerk  shall 
publish  a notice  calling  the  election,  three  successive 
days  before  the  election,  in  not  more  than  two  daily 
newspa])ers  of  general  circulation  ]mhlished  in  the 
city. 

§187.  Ballots.  (Hec.  8)  The  clerk  shall  cause 
suitable  ballots  to  be  printed  and  endorsed  with  his 
signature  and  delivered  to  the  judges  of  election  of 
the  several  i)recincts  of  the  city.  The  l)allots  shall 
('ontain  a brief  statement  of  the  i)roposition  to  i)e 
voted  upon  and  instructions  to  the  voter  which  will 
enable  liini  to  vote  for  or  against  such  proposition 
by  placing  a cross  in  the  appropriate  circle. 

§188.  Conduct  of  Elections.  (Sec.  9)  The  pro- 
^dsions  of  any  state  law  nor  or  hereinafter  in  foix'e 
relating  to  the  manner  of  voting,  the  duties  of  elec 
tion  officers,  and  the  canvassing  of  returns,  and  the 
management  of  elections,  except  as  otherwise  pro- 
vided in  this  ordinance,  so  far  as  they  are  applicable, 
shall  govern  the  special  municipal  elections  herein 
]:>rovided.  The  council  shall  meet  as  a canvassing 
l)oard  and  duly  canvass  the  election  returns  within 
two  days  after  such  municipal  election. 

§189.  Repeal.  (Sec.  10)  All  laws  of  this  state 
in  conflict  or  inconsistent  with  any  of  the  provisions 


144 


of  this  ordinance  are  lierel)y  superseded,  and  all 
ordinances  in  conflict  or  inconsistent  with  any  of  the 
provisions  of  this  ordinance  are  hereby  repealed. 
[Ord.  No.  79o,  passed  Feb.  l23,  1910.] 


ARTICLE  7. 

OF  THE  CITY  FORESTER. 

§190.  Position  of  Forester  Created.  Appoint- 
ment. Salary.  (Sec.  1)  That  there  is  hereby  created 
the  position  of  forester  for  the  city  of  Colorado 
Springs,  which  position  shall  he  filled  by  a forester 
who  is  a graduate  of  some  reputable  school  of  for- 
estry, who  shall  be  appointed  by  the  mayor  upon  the 
recommendation  of  the  commissioner  of  finance. 
The  said  forester  shall  not  be  appointed  for  any 
definite  term  and  may  be  removed  at  any  time  by 
the  mayor  or  the  council,  as  is  provided  in  the  char- 
ter. The  salary  of  the  forester  shall  be  one  hundred 
dollars  per  month,  payable  semi-monthly,  but  no 
salary  shall  be  paid  said  forester  for  the  year  end 
ing  Dec.  31,  1910.  The  forester  is  hereby  as- 
signed to  the  department  of  finance.  The  forester 
shall  give  bond  in  such  sum  as  may  be  fixed  by  res- 
olution of  the  council.  [Ord.  No.  818,  passed  Aug. 
3,  1910.]  See  Sec.  168  as  to  salary. 


CHAPTER  IV 

DEPARTMENT  OF  FINANCE.— 

OP  LICENSES,  AND  LICENSE  REGULATIONS. 

ARTICLE  1. 

OF  LICENSES  AND  THEIR  REVOCATION. 

§191.  All  Licenses  Revocable.  (Sec.  2)  The 
145 


oity  eomieil  of  said  city  shall  have  the  right  to  re- 
voke any  license  hereafter  issned  to  any  ])erson  in 
the  city  of  (k)lorado  Springs  receiving  a license  pur- 
suant to  any  ordinance  re(iuiring  a license  to  be 
taken  out,  whenever  the  holder  thereof  shall  violate 
any  of  the  ]>rovision  of  the  ordinance  under  which 
said  license  vras  obtained,  or  whenever  in  the  judg- 
ment of  the  city  council  the  public  welfare  shall  re- 
(juire  that  the  same  should  be  revoked,  or  whenever 
for  any  reason  the  city  council  shall  desire  to  revoke 
the  same.  Every  license  hereafter  issued  pursuant 
to  any  ordinance  now  existing  or  which  shall  here- 
after l)e  passed  by  the  city  council,  shall  contain 
upon  its  face  a statement  that  such  license  is  revoka- 
])le  at  the  pleasure  of  the  city  council. 

§192.  Refund  to  Licensee.  (Sec.  8)  In  case  any 
license  heretofore  issued  shall  be  revoked,  or  in  case 
of  the  revocation  of  any  license  hereafter  issued, 
there  shall  be  refunded  to  the  licensee  or  person 
holding  and  entitled  to  said  license  that  ])ortion  of 
the  required  license  fee  not  yet  earned  at  the  time 
of  the  revocation  of  said  license.  [Ord.  No.  669, 
passed  Mar.  21,  1904.] 

§193.  License  Required.  (Sec.  l)  No  person 
shall  engage  in  any  of  the  businesses  hereinafter  set 
out  in  this  city  without  first  ])aying  the  license  fee 
and  obtaining' a license  therefor,  as  hereinafter  pro- 
vided. 

§194.  Signatures.  Seal.  (Sec.  2)  All  licenses 
hereinafter  ]u*ovided  for  shall  be  signed  by  the 
mayor  and  countersigned  by  the  clerk  and  the  seal 
of  the  city  thereto  affixed. 

§195.  Supervision  and  Revocation.  (Sec.  8) 
Every  license  granted  under  this  ordinance  shall  be 
granted  upon  the  condition  that  it  may  be  suspended 
by  the  mayor  or  revoked  by  the  council  at  any  time 

146 


the  holder  thereof  shall  violate  any  of  the  provisions 
of  this  ordinance,  or  whenever  such  suspension  or 
revocation  may  be  required  for  the  general  welfare 
of  the  city.  The  conviction  of  a holder  of  a license, 
in  any  court,  shall  be  considered  a sufficient  cause 
for  its  suspension  or  revocation.  [Ord.  No.  713, 
passed  June  18,  1906.] 


ARTICLE  2. 

HACKMEN,  EXPRESSMEN  AND  DRAYMEN. 

§196.  License  Required.  (Sec.  4)  No  hackman, 
expressman,  drayman  or  other  person  engaged  in 
carrying  passengers,  baggage  or  freight,  for  pay  or 
hire,  in  this  city,  shall  use  or  cause  to  be  used  upon 
the  streets,  any  vehicle  of  any  description  or  name, 
except  street  railway  cars,  in  the  carrying  of  pas- 
sengers, baggage  or  freight,  for  pay  or  hire,  unless 
such  vehicle  is  licensed  under  the  provisions  of  this 
chapter. 

§197.  When  to  be  Issued.  (Sec.  5)  Any  person 
may  keep,  drive  and  use  vehicles  for  carrying  pas- 
sengers, baggage  or  freight,  for  pay  or  hire,  within 
this  city,  upon  paying  the  license  fee  therefor,  here- 
inafter fixed,  and  obtaining  a license  for  each  said 
vehicle,  and  complying  with  all  the  provisions  of 
this  chapter,  and  such  vehicle  shall,  until  the  expira- 
tion of  such  license,  be  deemed  a ^ licensed  vehicle.’^ 
[Ord.  No.  713,  passed  June  18,  1906.] 

§198.  License  Fees.  Assignment  of  License. 

(Sec.  6)  There  shall  be  paid  into  the  city  treasury 
by  the  party  applying  for  such  license  for  each  hack. 


147 


toiil'ist  wa^on  or  other  vehicle,  drawn  by  horses  or 
other  animals,  liaving  a normal  seating  capacity  for 
foiii-  adnit  persons  or  less,  used  for  carrying  ])assen- 
g'ci's  for  hire  for  wliich  business  is  solicited,  the  snm 
of  twenty  dollars  ($20.00),  and  the  snm  of  twenty- 
live  dollars  ($25.00)  for  each  such  vehicle  so  drawn 
which  has  a normal  seating  capacity  for  carrying 
moi'e  than  four  adnit  persons. 

There  shall  be  ]>aid  into  the  city  treasury  by  the 
party  a])])lying  for  such  license  for  each  automobile 
or  other  vehicle,  propelled  by  gas,  gasoline,  steam, 
electricity,  or  any  mechanical  motive  power,  having 
a normal  seating  ca])acity  for  seven  adnit  |)ersons  or 
less,  nsed  for  carrying  passengers  for  hire,  for  which 
business  is  solicited,  the  snm  of  forty  dollars 
($40.00),  and  the  sum  of  fifty  dollars  ($50.00)  for 
each  such  vehicle  so  propelled  whicli  lias  a normal 
seating  capacity  for  carrying  more  than  seven  adult 
])ersons. 

Each  license  issued  for  said  vehicles  shall  state 
tlie  seating  capacity  of  the  vehicle  licensed  and  the 
kind  of  motive  power  employed  to  draw  or  drive  The 
same. 

There  shall  be  paid  into  the  city  treasury  by  the 
])arty  ap])lying  for  such  license  for  each  express 
wagon,  dray,  transfer  wagon,  job  wagon,  or  other 
vehicle  of  like  character,  drawn  by  horses  or  other 
animals,  for  which  business  is  solicited,  the  sum  of 
ten  dollars  ($10.00);  and  for  each  such  vehicle, 
driven  or  propelled  by  gas,  gasoline,  steam,  electric- 
ity or  any  mechanical  motive  power,  for  which  busi- 
ness is  solicited,  the  sum  of  ten  dollars  ($10.00). 
Each  license  for  said  vehicle  shall  state  the  kind  of 
])ower  employed  to  draw  or  drive  the  same. 

No  assignment  or  transfer  of  any  license  issued 
148 


under  this  ordinance  sliall  be  valid  until  a])proyed 
l)Y  tlie  city  clerk.  [Ord.  No.  713,  passed  dune  18, 
190(),  as  amended  l)v  Ord.  No.  848,  ]>assed  dulv  2b, 
1911.] 

§199.  Term  of  License.  (Sec.  7)  All  licenses 
granted  under  this  chapter  shall,  unless  sooner  sus- 
pended or  revoked,  continue  in  force  until  the  31st 
day  of  July  after  the  date  of  issue  thereof. 

§200.  Fares  and  Charges  for  Passengers,  Bag- 
gage, Etc.  (Sec.  8)  The  prices  and  rates  of  fare  to 
he  charged  by  owners  or  drivers  of  vehicles,  for  the 
conveyance  of  passengers  for  pay  or  hire,  shall  not 
exceed  the  following:  For  conveying  one  passenger 
a distance  not  exceeding  eighteen  blocks,  fifty  cents; 
two  passengers  to  the  same  address,  seventy-five 
cents,  and  fifty  cents  additional  for  one  or  two  ])as- 
sengers  any  additional  distance  within  the  city.  For 
conveying  children,  between  the  ages  of  five  and 
fourteen  years,  in  charge  of  a paying  passenger,  half 
of  the  above  charges  may  be  charged  for  like  dis- 
tances, and  for  children  under  five  years  of  age,  in 
charge  of  a paying  ])assenger,  no  charge  shall  l)e 
made.  For  the  use  of  any  such  vehicle  l)y  the  liour, 
with  one  or  more  passengers,  with  the  privilege  of 
going  from  place  to  place,  and  stopping  as  often 
as  may  be  required:  For  the  first  hour,  two  dollars; 
for  each  additional  hour,  or  part  thereof,  one  dollar. 
The  j)rices  to  be  charged  ]>y  the  owner  or  driver  of 
any  licensed  vehicle,  for  the  carrying  of  l)aggage, 
and  for  the  loading  and  unloading  of  the  same,  shall 
not  exceed  the  following:  For  carrying  l)aggage  of 

any  one  person,  where  such  baggage  does  not  weigh 
in  excess  of  one  hundred  and  fifty  ])ounds,  not  to 
exceed  eighteen  blocks,  fifty  cents,  and  l)eyond 
eighteen  blocks,  within  the  city,  seventy-five  cents. 
For  baggage  in  excess  of  one  liundred  and  fifty 


149 


])()iin(ls,  at  tlie  rate  of  titty  (‘ents  per  one  liuiulred 
and  fifty  ])ounds.  Any  dis]nite  as  to  price  or  dis- 
taiK'e  shall  l>e  settled  l)y  the  cliief  or  other  officer  of 
the  ])oli.ce  force. 

§201.  Tags  and  Price  Cards.  (Sec.  9i  Each 
velii(‘le  licensed  under  this  chapter  shall  have  dis- 
])layed  in  some  conspicnons  place  thereon,  a tin  or 
metal  license  tag,  upon  which  shall  he  put  the  words 
“City  License,”  and  containing  the  number  thereof 
and  the  year  for  which  said  license  is  issued,  and 
such  tag  shall  he  placed  upon  said  vehicle  within 
three  days  after  the  issue  of  said  license.  The  clerk 
shall  issue  to  each  vehicle  licensed  under  this  chap- 
ter a printed  card  with  the  schedule  of  prices  there- 
on, as  herein  provided,  and  said  card  shall  he  posted 
in  a conspicnons  i)lace  in  said  vehicle. 

§202.  Baggage  Left  Over.  Duty  of  Driver. 

(Sec.  iO)  Whenever  any  package  or  article  of  bag- 
gage or  goods  shall  he  left  in  or  upon  any  vehicle 
licensed  under  this  chapter,  or  in  the  custody  of  tlu; 
driver  of  any  such  vehicle,  such  driver  shall 
promptly  deliver  the  same  at  the  police  station, 
against  receipt  therefor. 

§203.  Refusal  to  Convey  Passengers.  Excuse. 

(Hec.  13)  No  owner,  driver  or  other  person  in  charge 
of  any  vehicle,  licensed  under  this  chapter  for  the 
conveyance  of  passengers  shall  refuse  to  convey, 
within  the  city,  any  person,  or  having  undertaken 
to  convey  said  person,  shall  fail  so  to  do,  except 
when  such  ])erson  shall  he  drunk,  or  disoixhn'ly  or 
afflicted  with  some  contagions  disease. 

§204.  Authority  of  Police.  (Sec.  12)  Any  niem- 
l)er  of  the  ])olice  department  shall  have  ])ower  to 
order  the  driver  or  ]^erson  in  charge  of  any  licensed 
vehicle,  within  this  city,  to  remove  the  same  from 


any  place  in  the  streets,  or  otlier  public  phu'es,  which 
in  liis  o])inion  may  he  impi'operly  i]icnnilKU‘in£>-  said 
street  or  ])Iace,  or  ol)structini>‘  or  im))ediiii>-  the  ])ul)lic 
travel. 

§205.  Stands  at  Railway  Depots.  Designated 
Places.  (H  ec.  Id)  No  owner,  driver  or  other  ])erson 
in  charge  of  any  vehicle  licensed  under  this  chapter, 
shall  make  any  stand  or  stopping  ])lace  with  his 
vehicle,  while  waiting  for  employment,  or  shall 
solicit  for  himself  or  another  any  eni])loyment  at 
any  place  in  or  adjacent  to  any  railway  or  railway 
depot,  other  than  the  place  designated  hy  the  pei'son 
having  charge  of  such  de])ot,  or  by  the  chief  of 
police.  No  preference  shall  be  shown  between  dif- 
ferent vehicles  of  the  same  class  as  to  the  choice  of 
positions  within  such  limits,  but  different  places 
may  be  designated  for  different  classes  of  vehicles, 
so  as  to  keep  each  class  separate. 

§206.  False  Statement  by  Driver,  Etc.  (Hec. 

14)  No  owner,  driver  or  other  person  in  charge  of 
any  vehicle  licensed  under  this  chapter,  shall  make 
any  false  representation  or  statement  in  regard  to 
any  hotel,  rooming  or  lodging  house,  ]niblic  phice 
or  ])i*ivate  residence  within  this  city. 

§207.  Owner  of  Vehicle.  Responsibility.  (Sec. 

15)  Any  ])erson  to  whom  license  is  granted  under 
this  chapter  shall,  for  all  puri)oses,  be  considered  the 
owner  of  the  licensed  vehicle  and  res])onsible  for  all 
articles  entrusted  to,  and  eciually  lial)le  with  the 
driver  thereof,  to  all  forfeitures,  ])enalties  and  ])un- 
isments  herein  contained. 

§208.  Violation.  Penalty.  (Sec.  lb)  Any  per- 
son violating  any  of  the  provisions  of  this  chapter 
shall  be  fined  not  less  than  ten  dollars  ($10)  nor 
more  than  three  hnudred  dollars  ($o00)  for  each 
offense.  [Ord.  No.  715,  (1ia]).  1,  ]>assed  June  18, 
1900.1 

151 


ARTICLE  3. 

POPCORN,  PEANUT,  CANDY  AND  TAMaI.E 
STANDS. 


§209.  License  Required.  (Sec.  32)  No  person 
shall  occupy  any  part  of  the  streets,  alleys  or  ))aj-ks 
of  this  city  for  the  pnr])ose  of  exposing  for  sale  or 
selling  (a)  i)0])corn  and  ])eannts:  or  (]))  candy:  or 
(c)  tamales,  without  first  having  obtained  a license 
so  to  do,  as  hereinafter  })rovided. 

§210.  Application.  Fee.  Term  of  License. 

(Sec. 33)  Any  })erson  desiring  a license  for  any  one  of 
said  three  classes  of  business  sliall  a}>ply  to  the  clerk 
therefor.  Upon  so  doing  and  the  ])aynient  into  tlie 
treasury  of  a license  fee  of  thirty  dollars  ($30),  the 
clerk  may  issue  such  license  to  such  api)licant.  and 
the  same  shall,  unless  sooner  sns}>ended  or  revoked, 
continue  in  force  for  one  year  from  the  issue  thereof. 

§211.  Location  and  Size  of  Stand.  (Sec.  34) 
No  siicli  licensee  shall  carry  on  sucli  ])iisiness  except 
at  sncli  place  or  places  as  shall  l)e  designated  by  the 
chief  of  police,  and  no  stand  for  such  business,  wdth- 
in  the  fire  limits,  shall  exceed  in  size  three  feet  wide 
by  six  feet  long. 

§212.  Penalty.  (Sec.  35)  Any  i)erson  violating 
any  of  the  ])rovisions  of  this  (4ia])ter  shall  be  fined 
not  less  than  ten  dollars  ($10)  nor  more  than  fifty 
dollars  ($50)  for  each  offense.  |()rd.  No.  713,  Cha]). 
4,  passed  June  18,  IDOO.] 


ARTICLE  4. 

MERHY-GO-ROUNDS. 

§213.  License  Required.  (Sec.  52)  No  ])erson 

152 


sliall  (‘oiidiiet  or  operate  a merry-<>o-roimd  or  similar 
device  witliiii  this  city,  without  first  liaviiii>'  ol)taiued 
a license  tlierefor,  as  Jiei*eiuafter  provided. 

§214.  Application.  Amount  per  Month.  Not 
Required  When.  (Hec.  53)  Any  person  desiring  any 
sncli  license  sliall  file  with  the  clerk  an  application  in 
writing,  designating  the  place  where  such  merry-go- 
ronnd  is  to  be  operated,  which  application  shall  be 
jiresented  to  the  council  at  its  first  meeting  there- 
after for  action  thereon.  8nch  application  shall  be 
accompanied  by  the  written  consent  of  a majority  of 
the  residents  or  })roperty  holders  in  the  block  where 
the  merry-go-ronnd  is  to  be  operated,  and  the  council 
may  authorize  the  issuance  of  such  license  to  the  ap- 
plicant therefor.  For  such  license,  there  shall  be 
paid  into  the  treasury,  the  sum  of  twenty-five  dollars 
($25)  for  each  month  or  part  thereof;  provided,  that 
the  council  may  permit  any  local  organization  to 
operate  a merry-go-round  at  any  public  fete  given  by 
it,  without  any  license  fee  therefor. 

§215.  Penalty..  (8ec.  54)  x\ny  person  violating 
any  of  the  provisions  of  this  chapter  shall  be  fined  not 
to  exceed  one  hundred  and  fifty  dollars  ($150)  for 
each  offense.  [Ord.  No.  713,  Chap.  7,  passed  June 
18,  1906.] 


ARTICLE  5. 

PFdlDLFRS  AND  SOLICITORS. 

§216.  License  Required.  (Sec.  55)  No  person 
shall  canvass  or  solicit  orders  or  peddle  or  sell  any 
goods,  wares  or  merchandise  or  other  thing,  then  in 


153 


Ills  possession,  within  ttiis  (hty,  elsewhere  tlian  at  his 
own  })la(‘(‘  of  hnsiness,  ex(*e])t  as  in  this  eha])ter  set 
forth,  without  first  havini>‘  obtained  a license  therefor 
as  hereinafter  ])rovided. 

§217.  Application.  Fee.  (Sec.  5(5)  Any  person 
desirini>-  su(‘h  license  shall  ap})ly  therefor  to  the  clerk. 
r])on  so  doing-,  and  the  payment  into  the  treasury  of 
the  license  fee  as  herein  provided,  the  clerk  may 
issue  such  license  to  such  applicant.  The  fee  for  such 
license  shall  he:  For  each  person  canvassing-  or 

soliciting-  orders,  ten  dollars  ($10)  for  each  month  or 
part  thereof;  for  each  })erson  on  foot  peddling-  or  sell- 
ing goods,  then  in  his  possession,  ten  dollars  ($10)  for 
each  month  or  part  thereof;  for  each  person  peddling 
or  selling  goods,  then  in  his  possession,  from  any  con- 
veyance drawn  by  one  or  more  horses,  or  other 
motive  power,  fifteen  dollars  ($15)  for  each  month  or 
part  thereof;  for  each  person  soliciting-  orders  for 
the  copying  or  enlarging  of  pictures,  except  the  same 
shall  l)e  the  ])i*oduct  of  some  local  place  of  business 
and  the  work  done  within  the  city,  fifteen  dollars 
($15)  foi*  each  month  or  ])art  thereof. 

§218.  Not  Applicable  to  Food,  Etc.  (Sec.  57) 
The  provisions  of  this  chapter  shall  not  apply  to  the 
sale  of  food  stuffs  or  to  any  person  selling  or  offering 
for  sale  any  article  of  his  own  manufacture,  or  to  any 
farmer  selling  or  offering  for  sale  the  produce  of  his 
own  farm,  or  to  the  sale  of  hooks,  pa])ers  or  school 
su])plies. 

§219.  Penalty.  (Sec.  58)  Any  ])erson  violating 
auy  of  the  ])rovisions  of  this  clui])ter  shall  he  lined 
not  to  ex(*eed  one  hundred  dollars  ($100)  for  each 
offense.  I Ord.  No.  715,  Cha]).  8,  ])assed  dune  18, 
lOOh.J 


154 


ARTICLE  6. 

T 1 NS  [ENT  I )p]  A 1 T:  RS. 


§220.  License  Required.  “Transient  Dealer” 

Defined.  (Sec.  59)  No  })ersoii  shall  engage  in  the  busi- 
ness of  a transient  dealer  in  this  city  without  first 
having  obtained  a license  therefor,  as  hereinafter 
provided.  The  term  “transient  dealer”  for  the  pur- 
poses of  this  chapter,  shall  mean  and  include  any  per- 
son, either  princij3al  or  agent,  who  brings  goods, 
wares  and  merchandise  into  this  city  and  opens  a 
temporary  place  or  store  for  the  exhibition  or  sale 
thereof,  and  who  shall  not  have  paid  a tax  thereon 
within  this  county.  The  provisions  of  this  chapter 
shall  not  apply  to  commercial  travelers  or  agents 
selling  to  merchants  in  the  usual  course  of  business, 
nor  to  the  sale  of  goods,  wares  or  merchandise  in 
original  packages  from  other  states,  as  permitted  by 
law,  nor  to  the  sale  of  books,  papers  or  school  sup- 
plies, garden  truck  or  farm  produce. 

§221.  Application.  Fee.  (Sec.  60)  Any  person 
desiring  such  license  shall  make  application  in  writ- 
ing therefor  to  the  clerk.  Snch  application  shall 
state  the  name  of  the  applicant,  the  kind  of  goods, 
wares  or  merchandise  desired  to  he  sold,  the  time 
for  which  such  license  is  desired  and  the  location  of 
the  place  of  business.  Upon  so  doing  and  the  pay- 
ment into  the  treasury  of  a license  fee  of  $10  for  each 
day,  such  store  or  place  is  to  be  kept  open,  not  ex- 
ceeding ten  days,  and  the  sum  of  $5  for  each  day 
said  store  or  place  is  to  be  ke])t  open  after  ten  days, 
the  clerk  may  issue  a license  to  such  applicant  for 
such  business  at  such  location. 

§222.  Penalty.  (Sec.  61)  Any  person  violating 
any  of  the  provisions  of  this  chapter  shall  be  fined 
not  more  than  three  hundred  dollars  ($300)  for  each 


155 


ofTeiise. 

190().| 


[Ord.  No.  713,  Chap.  9,  passed  dune  18, 


ARTICLE  7. 

CLAIR\^OYANTS,  PALMISTS,  ASTROLOGERS. 

§223.  License  Required.  (Sec.  62)  No  x^erson 
shall  practice  or  exercise  the  vocation  or  calling  of 
clairvoyancy,  palmistry,  mesmerism,  fortune-telling, 
astrology  or  readings,  sittings  or  exhibitions  of  a 
like  character,  within  this  city,  and  for  which  a fee 
or  charge  is  made,  without  first  having  obtained  a 
license  so  to  do  as  hereinafter  provided. 

§224.  Application.  License  Fee.  Location. 

(Sec.  63)  Any  ])erson  desiring  such  license  shall  ap- 
])ly  to  the  clerk  therefor.  Upon  so  doing  and  the 
])ayment  into  the  treasury  of  a license  fee  of  $50 
for  each  six  months  or  part  thereof,  for  which 
such  license  is  desired,  the  clerk  may  issue  such 
license  to  such  applicant  for  such  time.  The  license 
shall  designate  the  street  and  number  where  such 
calling  or  vocation  is  to  he  exercised  and  the  mayor 
may,  by  writing  endorsed  upon  such  license,  author- 
ize a change  to  some  other  place  particularly  desig- 
nated in  such  written  indorsement.  Such  change, 
however,  shall  not  be  o])erative  until  such  license  is 
])i*esented  to  the  clerk  and  the  change  entered  upon 
his  books. 

§225.  Penalty.  (Sec.  64)  Any  ])erson  violating 
any  of  the  ])rovisions  of  this  cha])ter  shall  be  fined 
not  to  ex(‘eed  two  hundred  dollars  ($200)  for  each 
offense.  |()rd.  No.  713,  Cha]).  10,  ])assed  elune  18, 
1906.1 


•5d 


ARTICLE  8. 

P>ILLIAR1)  AND  POOL  TABLES,  BOWLIN(i 

ALLEYS  AND  SHOOTING  GALI.ERIES. 

§226.  License  Required.  (Sec.  65)  No  person 
shall  kee]),  for  gain  or  profit,  any  billiard  table,  pool 
table,  bagatelle  or  pigeon  hole  table,  bowling  alley  or 
shooting  gallery,  within  this  city,  without  first  hav- 
ing obtained  a license  therefor  as  hereinafter  in'o- 
vided. 

§227.  Application  to  Mayor.  Term,  One  Year. 
Fees.  (Sec.  66)  Any  person  desiring  such  license 
shall  apply  therefor  to  the  mayor.  Upon  so  doing, 
and  the  payment  into  the  treasury  of  the  license  fee 
herein  provided,  the  mayor  may  grant  such  license 
to  such  applicant  and  such  license  shall,  unless  soon- 
er suspended  or  revoked,  continue  in  force  for  one 
year  from  the  date  of  its  issue.  The  fee  for  such 
license  shall  he:  'For  one  hilliard  table  or  pool  table, 
ten  dollars  ($10),  for  each  additional  billiard  or  pool 
table,  five  dollars  ($5)  and  for  each  movable  or  me- 
chanical device  used  in  shooting  galleries,  such  sum 
as  shall  he  fixed  by  the  mayor.  For  each  alley,  five 
dollars  ($5). 

§228.  Persons  Under  Eighteen  Excluded.  Hours 
Closed.  (Sec.  67)  No  person  licensed  under  this 
chapter  shall  permit  or  allow  any  person  under  the 
age  of  eighteen  years  to  play  on  any  table,  alley  or 
to  shoot  in  any  gallery,  or  to  be  or  remain  in  any 
room  or  place  where  such  tables,  alleys  or  galleries 
are  kept,  except  while  such  person,  under  the  age  of 
eighteen  years,  shall  be  accompanied  by  his  parent 
or  guardian;  nor  shall  keep  such  room  or  place  open 
or  permit  any  person  to  play  or  shoot  therein,  be- 
tween the  hours  of  12  o’clock  midnight  and  6 o’clock 
a.  m.,  or  on  Sunday. 


157 


§229.  Penalty.  (Sec.  G8)  Any  person  violating 
any  of  the  provisions  of  this  chapter  shall  be  fined 
not  to  exceed  one  hnndred  dollars  ($100)  for  each 
offense.  fOrd.  No.  713,  Chap.  11,  passed  June  18, 
1900.] 


ARTICLE  9. 

LI\’'ERY  AND  BOARDING  STABLES. 

§230.  License  Required.  “Livery  Stable “ De- 
fined. (Sec.  69)  No  ])erson  shall  operate,  conduct  or 
maintain  a livery  stable  within  this  city  without 
first  having  obtained  a license  therefor,  as  herein- 
after provided  and  without  conforming  to  the  exist- 
ing ordinances  of  this  city.  The  term  “livery 
stal)le”  for  ' the  purpose  of  this  chapter,  shall  be 
held  to  mean  and  include  any  place  where  horses, 
carriages,  automobiles  or  other  vehicles,  except 
cycles,  are  kept  for  hire  or  boarding.  [Ord.  No.  713, 
passed  June  18,  1906.] 

§231.  Application.  License  Fee.  Term.  (Sec. 
70)  Any  person  desiring  such  license  shall  apply  to 
the  city  council  therefor.  Such  application  shall  be 
in  writing  and  shall  set  out  the  name  of  the  appli- 
cant, the  location  of  the  stable,  whether  horses  and 
vehicles  are  to  be  ke])t  for  hire  alone,  for  boarding- 
alone,  or  for  hire  and  boarding  and  if  for  a stable 
where  horses  and  vehicles  are  kept  for  hire,  the 
number  of  vehicles  proposed  to  be  kept.  Upon  so 
doing  and  the  payment  into  the  treasury  of  the 
license  fee  herein  provided,  the  city  council  shall 
grant  a license  to  such  applicant  for  such  business 
at  such  location,  and  such  license,  unless  sooner  sus- 
])eiided  or  revoked,  shall  continue  in  force  until  the 

158 


28tli  day  of  February  after  the  issue  thereof.  The 
fee  for  such  license  shall  be:  For  each  stable  where 
saddle  horses  only  are  kept  for  hire,  twenty-five  dol- 
lars ($25);  for  each  stable  where  horses  are  kept 
for  boarding  only,  twenty-five  dollars  ($25);  for 
each  stable  where  not  more  than  twenty-five  vehicles 
are  kept  for  hire,  fifty  dollars  ($50) ; for  each  stable 
where  more  than  twenty-five  and  not  more  than  fifty 
vehicles  are  kept  for  hire,  seventy-five  dollars  ($75) ; 
for  each  stable  where  more  than  fifty  and  not  more 
than  seventy-five  vehicles  are  kept  for  hire,  one 
hundred  dollars  ($100);  for  each  stable  where  more 
than  seventy-five  and  not  more  than  one  hundred 
vehicles  are  kept  for  hire,  one  hundred  and  twenty- 
five  dollars  ($125) ; for  each  stable  where  more  than 
one  hundred  and  not  more  than  one  hundred  and 
fift}"  vehicles  are  kept  for  hire,  one  hundred  and  fifty 
dollars  ($150) ; for  each  stable  where  more  than 
one  hundred  and  fifty  vehicles  are  kept  for  hire,  two 
hundred  dollars  ($200) ; [Ord.  No.  713,  passed  June 
18,  1906,  as  amended  by  Ord.  No.  754,  passed  June  1, 
1908.] 

§232.  Penalty.  (Sec.  71)  Any  person  violating 
any  of  the  provisions  of  this  chapter  shall  be  fined 
not  to  exceed  two  hundred  dollars  ($200)  for  each 
offense..  [Ord.  No.  713,  Chap.  12,  passed  June  18, 
1906.] 


ARTICLE  10. 

STREET  VENDORS. 

§233.  License  Required.  (Sec.  75)  No  person 
shall  be  permitted  to  occupy  any  part  of  the  streets, 


159 


alloys  or  parks  ol“  tliis  (aty  for  a stand,  either  mova- 
ble or  immovable,  for  carrying  on  any  trade,  occupa- 
tion or  business,  without  first  obtaining  a license  so 
to  do,  as  hereinafter  ])rovided,  exce])t  such  stands 
as  are  otherwise  specibcally  l)y  ordinance  provided 
for. 

§234.  License  Fee.  When  Not  Required.  (Sec. 
7(i)  x\ny  person  desiring  such  license  shall  apply  to 
the  mayor  therefor.  Upon  so  doing  and  the  pay- 
ment into  the  treasury  of  a license  fee  as  herein  pro- 
vided, the  mayor  may  grant  such  license  to  such 
person.  The  fee  for  such  license  shall  he:  For  each 
stand,  movable  or  immovable,  thirty  dollars  ($30) 
for  each  month  or  part  thereof;  for  each  street  fakir 
or  person  engaged  in  a similar  vocation,  ten  dollars 
($10)  for  each  day  or  part  thereof,  provided,  that 
such  permit  may  be  granted  by  the  mayor  for  such 
stands  in  or  upon  any  of  the  streets,  alleys  or  parks 
outside  of  the  fire  limits,  without  the  payment  of  a 
license  fee  therefor.  Provided  further,  that  per- 
mit may  he  granted  by  the  mayor  for  such  stands, 
for  sale  of  newspapers  or  periodicals  only,  at  such 
idace  upon  any  street,  alley  or  public  place  as  may 
be  designated  in  the  permit,  without  the  payment  of 
a license  fee  therefor.  [Ord.  No.  713,  passed  June 
18, 1906,  as  amended  by  Ord.  No.  715,  passed  July  23, 
1906.] 

§235.  Penalty.  (Sec.  77)  Any  person  violating 
any  of  the  provisions  of  this  chapter  shall  be  fined 
not  to  exceed  one  hundred  dollars  for  each  offense. 
[Ord.  No.  713,  Chap.  14,  passed  June  18,  1906.] 


ARTICLE  11. 

JUNK  DEALERS. 

§236.  License  Required.  (Sec.  78)  No  person 
i6o 


shall  (*aiTV  on  the  business  of  jnnk  dealer  or  junk 
peddler  or  ('ol lector,  nor  draw  or  drive  or  i)rociire  to 
he  drawn  or  driven  through  the  streets  and  alleys  of 
this  (hty,  any  wagon,  cart  or  other  vehicle  for  the 
purpose  of  collecting  or  disposing  of  junk,  without 
hist  obtaining  a license  therefor,  as  hereinafter  ])ro- 
vided.  [Ord.  No.  718,  passed  June  18,  1906,  as 
amended  liy  Ord.  No.  71-t,  passed  July  23,  1906.] 

§237.  Application.  Consent  of  Property  Owner. 
License  Fees.  Term.  (Sec.  79)  Any  person  desiring 
such  license  sliall  make  application  therefor  to  the 
clerk.  Such  application  shall  be  in  writing  and 
shall  set  forth  the  full  name  of  the  applicant  and  the 
location  at  which  said  business  is  to  be  carried  on, 
together  with  the  consent  in  writing  of  the  owner 
of  said  property  and  the  owners  of  all  adjoining 
property,  and  he  shall  tile  with  the  clerk,  a bond  in 
the  penal  sum  of  one  thousand  dollars  ($1,000)  with 
such  sureties  as  shall  be  approved  by  the  council, 
conditioned  that  the  principal  named  therein  will 
observe  all  ordinances  and  police  regulatidns  of  the 
city.  Such  application,  consent  and  bond  shall  be 
submitted  to  the  council  and  in  case  the  council  shall 
approve  of  such  applicant  and  location,  it  may  grant 
such  license.  For  such  license  there  shall  be  paid 
into  the  treasury,  one  hundred  dollars  ($100).  Pro- 
vided, that  licenses  may  be  issued  to  junk  peddlers 
or  collectors  upon  their  filing  a bond  in  the  penal  sum 
of  two  hundred  dollars  ($200)  with  such  sureties  as 
may  be  approved  by  the  city  council,  and  by 
paying  into  the  treasury  ten  dollars  ($10)  for 
each  wagon  engaged  in  collecting  junk,  which  wagon 
shall  have  a license  tag  and  number  attached  to  the 
right  side  thereof.  Unless  sooner  suspended  or  re- 
voked all  licenses  issued  under  this  chapter  shall 
continue  in  force  one  year  from  the  issue  thereof, 
and  no  such  license  shall  be  assigned  or  transferred. 

i6i 


No  licensed  junk  dealer  shall  use  more  than  one 
wai>on  for  the  collection  of  junk  without  taking  out 
a license  for  each  additional  wagon  and  paying 
therefor  the  license  fee  provided  herein  for  junk 
peddlers  and  collectors.  [Ord.  No.  713,  passed  June 
38,  390G,  as  amended  by  Ord.  No.  71-3,  passed  Oct.  21, 
3907.] 

§238.  Dealer  IVIust  Keep  Record  Book.  (Sec. 
80)  Every  junk  dealer  licensed  under  this  chapter 
shall  keep  a book  in  which  shall  be  fairly  written  in 
ink,  on  the  day  of  each  purchase  or  sale,  an  accurate 
account  or  description,  in  the  English  language,  of 
the  goods,  article  or  other  thing  except  rags  and 
bottles,  purchased  or  sold,  where,  and  from  or  to 
whom  purchased  or  sold,  the  amount  of  money  paid 
or  received  therefor  and  the  time  of  the  purchase 
or  sale,  which  book,  as  well  as  the  article  purchased, 
shall  at  all  reasonable  times  be  open  to  the  inspec- 
tion of  any  member  of  the  police  department.  Even^ 
person  licensed  as  a junk  peddler  or  collector  shall 
keep  such  record  or  memorandum  as  will  enable  him 
to  locate  the  person  from  whom  he  purchased  every 
article  of  junk  except  rags  and  bottles. 

§239.  Regulations.  Buying.  Selling.  Stolen 
Property.  (8ec.  81)  No  person  licensed  under  this 
chapter,  shall  sell  or  remove  from  his  place  of  busi- 
ness, any  article  purchased  by  him  until  the  same 
shall  have  been  in  his  possession  at  least  seventy-two 
hours;  nor  shall  he  purchase  or  receive  any  thing 
from  any  minor,  without  the  written  consent  of  his 
parent  or  guardian,  from  any  person  who  is  at  the 
time  intoxicated  or  from  an  habitual  drunkard  or 
from  any  person  known  by  him  to  be  a thief  or  an 
associate  of  thieves  or  a receiver  of  stolen  property. 
Provided,  that  junk  peddlers  or  collectors  may  sell 
to  a regular  licensed  junk  dealer  any  and  all  junk 
at  any  time  after  its  purchase,  provided  further, 
that  if  any  junk  peddler  or  collector  shall  keep  any 

162 


junk,  exce})t  rags  and  bottles,  in  liis  possession  more 
than  twenty-four  hours  he  shall  keep  a record  as 
recpiired  of  junk  dealers  in  section  80. 

§240.  Penalty.  (Sec.  82)  Any  person  violating 
any  of  the  provisions  of  this  chapter  shall  be  fined 
not  to  exceed  two  hundred  dollars  ($200)  per  each 
offense.  [Ord.  No.  713,  Chap.  15,  passed  June  18, 
1906,  as  amended  by  Ord.  No.  714,  passed  eluly  25, 
1906,  and  Ord.  No.  741,  passed  Oct.  21,  1907.] 


ARTICLE  12. 

EMPLOYMENT  AND  INTELLIGENCE  OFFICES. 

§241.  License  Required.  Penalty.  (Sec.  83) 
It  shall  be  unlawful  for  any  person  to  open  or  estab- 
lish in  this  city,  any  intelligence  or  employment  of- 
fice for  the  purpose  of  procuring  or  obtaining  for 
money  or  other  valuable  consideration,  either  directly 
or  indirectly,  any  work,  employment  or  occupation 
for  persons  seeking  the  same,  or  to  otherwise  engage 
in  the  business,  or  to  in  any  way  act  as  a broker  be- 
tween employer  and  persons  seeking  work,  without 
first  having  obtained  a license  so  to  do,  from  the  city. 
Any  person  violating  any  of  the  provisions  of  this 
section,  shall,  upon  conviction  thereof,  for  each  and 
every  offense,  be  subject  to  a fine  not  to  exceed  one 
hundred  dollars  ($100). 

« 

§242.  Application  to  Council.  Deposit  License 
Fee.  (Sec.  84)  Any  person  applying  for  a Imense 
under  the  provisions  of  this  chapter,  shall  make  ap- 
plication to  the  city  council  through  the  city  clerk 
for  the  same,  and  shall  deposit  with  the  city  treas 
urer  in  advance,  the  annual  fee  for  such  license  to  be 

163 


(‘vidoiK'e  by  the  reeei])!  of  the  city  treasurer  en- 
dorsed 111)011  said  api)Ucatioii. 

§243.  License  Fee.  Bond.  Transfer  of  License. 

(Se(‘.  85)  Any  ])ersoii  licensed  under  the  provisions 
of  this  chapter  shall  ])ay  an  annual  license  fee  of 
twenty-five  dollars  ($25)  in  advance  and  before  such 
license  shall  be  issued,  and  shall  deposit  with  the 
(‘ity  treasurer,  a bond  in  the  penal  sum  of  two 
thousand  dollars  ($2,000)  with  two  or  more  sureties 
to  be  ap])i*oved  by  the  city  council;  such  bond  shall 
be  made  ])ayable  to  the  city  and  shall  be  conditioned 
that  the  ])erson  applying-  for. the  license  shall  com}>ly 
with  the 'Statute  in  such  case  made  and  with  this 
ordinance  and  shall  })ay  all  damages  occasioned  to 
any  i)erson  by  reason  of  any  misstatement,  misrep- 
resentation or  fraud  or  deceit  of  any  such  licensee, 
his  agent  or  employe,  in  carrying  on  the  business 
for  which  he  is  licensed.  If  at  any  time,  in  the 
opinion  of  the  mayor  and  the  city  treasurer,  the 
sureties  on  said  bond  or  any  of  them,  should  become 
irresponsible,  the  person  holding  such  license,  upon 
notice  from  the  city  treasurer,  shall  give  a new  bond 
to  be  approved  as  hereinbefore  provided.  Failure 
to  give  a new  bond  within  ten  days  after  such  notice, 
shall  operate  as  a revocation  of  such  license  and  the 
license  shall  immediately  be  returned  to  the  city 
treasurer,  who  shall  destroy  the  same.  Licenses 
granted  under  this  cha])ter  may  be  transferred  by 
order  of  the  city  council,  but  before  such  transfer 
shall  be  authorized,  the  applicant  for  the  same  shall 
deposit  with  the  city  treasurer,  the  sum  of  five  dol- 
lars ($5)  which  shall  be  indorsed  on  the  application 
and  the  person  to  whom  such  license  is  transferred 
shall  also  deposit  such  a bond  as  is  required  of  an 
applicant  for  an  original  license  as  hereinbefore 
described,  and  to  be  approved  in  the  same  manner. 

§244.  Treasurer  Issue  Certificate.  To  be  Ex- 

164 


posed  to  View.  Regulations.  (Sec.  86)  Upon  the 
granting  of  a license  by  the  city  council  under  tliis 
chapter,  the  city  treasurer  shall  issue  to  the  licensee, 
a certificate  setting*  forth  the  fact  that  such  a license 
has  been  granted  and  it  shall  be  the  duty  of  the  per- 
son receiving  such  certificate,  to  keep  the  same  pub- 
licly exposed  to  view  in  a conspicuous  place  in  his 
office  or  place  of  business.  Every  person  paying  a 
fee  for  employment  shall  receive  a receipt  for  the 
same  which  receipt  shall  state  in  plain  terms,  the 
agreement  between  the  intelligence  or  employment 
agent  or  broker  and  the  person  paying  such  fee,  and 
if  the  terms  of  the  said  agreement  are  not  fulfilled, 
the  said  fee  shall  be  forthwith  returned  to  the  person 
who  paid  the  same. 

§245.  Employment  Fees.  Limit  of  Amount. 

(Sec.  87)  It  shall  be  unlawful  fpr  any  person  having- 
first  obtained  a license  from  the  city  as  hereinbefore 
stated,  either  by  himself  or  his  agents,  runner  or 
employe,  whether  acting  with  or  without  compensa- 
tion, engaged  in  the  business  of  an  employment  or 
intelligence  agent  or  l)roker,  to  charge  any  person 
applying  for  work  as  a day  laborer,  mechanic,  arti- 
san or  household  or  domestic  servant,  a fee  for  his 
services  of  more  than  five  (5)  per  cent,  on  one 
month’s  wages  and  board.  The  limitation  imposed 
l)y  this  section  shall  not  apply  in  any  manner  to 
any  person  engaged  in  the  business  of  procuring  em- 
Xfioyment  for  any  other  class  or  classes  of  persons 
than  those  s])ecifically  enumerated  above. 

§246.  Sending  Females  to  Immoral  Place. 
Penalty.  (Sec.  88)  Any  ]:»erson  as  aforesaid  keeping 
an  intelligence  or  employment  office  who  shall  send 
out  any  female  to  any  place  of  bad  repute,  house  of 
ill-fame  or  assignation  house,  or  to  any  house  or 
place  of  amusement  kept  for  immoral  purposes,  shall 


he  lined  not  less  than  one  Jinndred  dollars  ($100) 
noi*  more  than  three  hundred  dollars  ($300)  and  on 
eonvietion  thereof  in  any  court,  shall  have  his  li- 
cense rescinded. 

§247.  Sending  Help  Without  Order  of  Em- 
ployer. Penalty.  (Sec.  89)  Any  person  acting  under 
a license  as  hereinbefore  provided,  who  shall  send 
out  any  help,  male  or  female,  without  having  pre- 
viously obtained  a written  l)ona  fida  order  with 
])roper  reference  of  two  responsible  persons,  shall  be 
subject  to  the  same  penalties  as  are  provided  in  the 
last  preceeding  section. 

§248.  Division  of  Fees  with  Employer,  Etc. 
Penalty.  (Sec.  90)  Any  person  acting  under  a li- 
cense issued  under  this  chapter,  keeping  an  intelli- 
gence or  employment  office,  sending  out  help  to 
contractors  or  other  employers  of  help  and  dividing 
the  office  fees  with  sub-contractors  and  employers 
or  their  foreman,  or  any  one  in  their  employ,  shall, 
u|)on  conviction  thereof,  have  his  license  at  once 
forfeited  and  be  subject  to  a tine  of  not  less  than  one 
hundred  dollars  ($100)  nor  more  than  three  hundred 
dollars  ($300). 

§249.  Register  of  Orders  from  Employers,  and 
Applicants  for  Employment.  (Sec.  91)  Every  per- 
son duly  licensed  under  this  chapter  shall  enter  on  a 
register  to  be  kept  for  that  purpose,  every  order  re- 
ceived from  any  person  desiring  the  services  of  any 
person  seeking  work  or  employment,  the  name  and 
address  of  the  person  from  whom  such  order  was 
received,  the  number  of  persons  wanted,  the  nature 
of  the  work  or  employment,  the  town  or  city,  street 
and  number,  if  any,  where  such  work  or  enpdoyment 
is  to  be  furnished,  the  wages  to  be  paid,  and  a correct 
record  of  the  names  of  all  ])ersons  who  have  been 


i66 


sent  and  the  time  of  sendiiii>‘  sndi  ])ersons  to  pro- 
cure work  or  eni])loyment  on  such  ordei’.  No  order 
for  help  shall  he  considered  a bona  lide  order  unless 
the  same  he  entered  u])on  the  register  as  lierein  pro- 
vided. There  shall  also  he  entered  upon  said 
register,  the  name  of  all  applicants  depositing  a fee 
for  the  purpose  of  registering  their  names  with  the 
view  of  obtaining  work  or  employment  and  the 
nature  of  the  work  or  employment  wanted.  The  said 
register  shall  be  open  at  all  reasonable  hours  to  the 
inspection  of  any  officer  of  this  city. 

§250.  False  Representatives.  Failure  to  Keep 
Register,  etc.  Penalty.  (Sec.  92)  If  any  person  act- 
ing under  a license  issued  under  this  chapter,  either 
by  himself  or  his  agent  or  employe,  engaged  in  the 
business  of  employment  or  intelligence  agent  or 
broker,  shall  give  any  false  information,  or  shall 
make  any  misstatement,  or  shall  make  any  false 
promises,  concerning  any  work  or  employment  or 
occupation,  or  shall  fail  to  keep  such  a register  as  is 
described  in  the  preceding  section  of  this  ordinance, 
or  shall  make  any  false  entries  in  such  register,  or 
shall  violate  any  other  of  the  provisions  of  this 
chapter  for  which  violation  j)enalties  are  not  herein- 
before provided,  such  person  shall,  upon  conviction 
thereof,  for  each  and  every  offense,  be  lined  in  any 
sum  not  exceeding  two  hundred  dollars  ($200)  and 
the  license  held  by  such  person  shall  forthwith  be 
forfeited. 

§251.  Charitable  Associations.  License  Not  Re- 
quired. (Sec.  93)  Nothing  herein  shall  be  con- 
strued so  as  to  require  any  religious  or  charitable 
association  which  may  assist  in  ])rocuring  situations 
or  employment  for  ])ersons  seeking  the  same,  to  ob- 
tain a license  so  to  do  under  the  })rovisions  of  this 
ordinance,  provided,  it  receives  no  fees  whatever  for 
its  service. 


167 


§252.  Penalty,  When  Not  Otherwise  Provided. 

94)  Any  person  violating  any  of  the  provisions 
of  this  eliapter,  the  penalty  for  which  is  not  specifi- 
cally hereinbefore  provided,  shall  upon  conviction 
thereof,  for  each  and  every  offense,  he  fined  not  ex- 
ceeding one  hundred  dollars  ($100).  [Ord.  No.  713, 
Chap.  10,  passed  June  18,  1906.] 


ARTICLE  13. 

CIRCUSES,  MENAGERIES  AND  SHOWS. 

§253.  License  Required.  Application.  Permit. 
License  Fee.  (Sec.  98)  No  person  shall  present,  pro- 
duce, conduct  or  carry  on  any  exhibition  or  per- 
formance of  any  circus,  menagerie  or  show  or  any 
exhibition  of  monsters  of  freaks  of  nature,  within 
this  city,  without  first  having  obtained  a license 
therefor.  Any  person  desiring  such  license,  shall  file 
with  the  clerk,  an  application  therefor  in  writing, 
setting  out  the  full  name  of  the  applicant,  the  number 
of  railroad  cars  used  in  transporting  and  conveying 
such  circus,  menagerie  or  show  and  the  location  of 
the  place  where  the  same  is  to  be  given.  Upon  so  do- 
ing and  the  payment  to  the  treasurer  of  the  fee  as 
herein  provided,  the  clerk  may  issue  a license  for 
such  exhibition  or  ])erformance  at  such  location. 
With  such  license  there  shall  l)e  delivered  to  such  a])- 
plicant,  a ])ermit,  signed  by  the  mayor,  designating 
over  and  u])on  what  streets  and  avenues  of  the  city 
the  wagons  and  equipinent  of  such  circus,  menagerie 
or  show  shall  be  driven,  and  such  a]pfiicant 
shall  use  only  such  streets  and  avenues  for 
such  ]uir])oses  as  therein  designated.  Tlu' 
license  fee  to  be  (Oiarged  for  siuOi  exhibitions 


or  performances  is  as  follows:  For  each  day 

or  part  thereof  where  tlie  circus  or  the  circus 
and  menai>‘erie  combined,  with  all  its  pro])erty,  equip- 
ment and  supplies  of  every  kind,  uses  for  its  trans- 
])ortation  not  to  exceed  five  railroad  cars,  twenty-five 
dollars  ($25);  more  than  five  and  not  to  exceed  ten 
railroad  cars,  fifty  dollars  ($50);  more  than  ten  and 
not  to  exceed  twenty-five  railroad  cars,  one  hundred 
dollars  ($100) ; more  than  twenty-five  and  not  to  ex- 
ceed forty  railroad  cars,  two  hundred  dollars  ($200) ; 
more  than  forty  railroad  cars,  five  hundred  dollars 
($500).  For  museums  or  like  exhibitions,  where  cur- 
iosities or  monsters  or  freaks  of  nature  are  exhib- 
ited and  an  admission  fee  is  charged,  two  dollars 
($2)  for  each  day  or  part  thereof.  For  exhibitions 
or  performances  of  all  shows  not  hereinabove  pro- 
vided for,  such  license  fee  as  shall  be  fixed  by  the 
mayor. 

§254.  Penalty.  (Sec.  99)  Any  person  violating 
any  of  the  provisions  of  this  chapter  shall  be  lined  not 
less  than  fifty  dollars  ($50)  nor  more  than  three 
hundred  dollars  ($300)  for  each  offense.  [Ord.  No. 
713,  Chap.  18,  passed  June  18,  1906.] 


ARTICLE  14. 

GENERAL  PRO\GSIONS. 

§255.  Transfer  of  License.  (Sec.  100)  Licenses 
may  be  transferred  unless  by  ordinance  especially 
prohibited,  upon  the  approval  of  the  mayor  and  clerk 
and  the  registration  of  such  transfer  in  the  license 
record. 

§256.  Rules  of  Construction.  (Sec.  101)  In  the 
169 


(‘oiistnu'tion  of  ])lirases  and  terms  used  in  this  or- 
dinance, llie  followin';-  rules  shall  he  observed  unless 
such  construction  is  excluded  hy  express  ])ro vision  of 
other  ordinan(*es  or  is  inconsistent  with  the  intent  of 
the  coun(‘il  or  repug-nant  to  the  context  of  this  .or- 
dinau(‘e,  said  rules  are  more  particularly  set  forth  as 
follows: 

1.  All  general  provisions,  terms,  phrases  and 
expressions  shall  he  liberally  constructed  [con- 
strued] in  order  that  the  true  meaning  and  intent  of 
the  council  may  he  carried  out. 

'2.  Words  in  the  present  tense  may  include  the 
future. 

3.  AVords  importing  the  singular  number  may 
extend  and  he  applied  to  several  persons  and  things, 
and  words  ini])orting  the  plural  number  may  include 
the  singular  number. 

4.  AVords  importing  the  masculine  gender  may 
be  ap])lied  to  females. 

5.  The  words  “person  or  persons”  as  well  as 
all  words  referring  to  or  importing  “persons”  may 
extend  and  he  ap])lied  to  bodies  politic  and  corporate 
as  well  as  individuals.  [Ord.  No.  713,  (4iap.  19, 
passed  June  18,  1906. 


ARTICLE  15. 

OK  SECOND-HAND  STORES. 

§257.  License  Required.  (Sec.  1)  No  person 
shall  engage  in  the  business  of  keeping  a second-hand 


70 


store  or  a ])laee  for  l)iiyin^‘  or  selling  seeond-liaiid 
goods,  without  first  obtaining  a license  therefor,  as 
hereinafter  jn-ovided. 

§258.  License  Fees.  (Sec.  2)  Any  person  desir- 
ing such  license  shall  apply  to  the  clerk  therefor. 
l'])on  so  doing  and  the  payment  into  the  treasury  of 
a license  fee  of  five  dollars  ($5)  the  clerk  may  issue 
such  license  to  such  applicant,  and  the  same  shall, 
unless  sooner  suspended  or  revoked,  continue  in  force 
for  one  year  from  the  issue  thereof. 

§259.  License  to  Keep  One  Place  Only.  (Sec.  3) 
No  person  licensed  under  this  chapter,  shall,  by 
virtue  of  such  license,  keep  more  than  one  house, 
shop  or  place  for  buying,  receiving  or  selling  second- 
hand goods.  This  section  shall  not  apply  to  a place 
used  only  for  storage  purposes. 

§260.  Licensee  Keep  Record  Book.  (Sec.  4) 
Every  person  licensed  under  this  ordinance  shall  pur- 
chase and  keep  a book  in  the  form  prescribed  by  the 
chief  of  police,  in  which  shall  be  fairly  written  in  ink, 
at  the  time  of  each  purchase,  an  accurate  description, 
in  the  English  language,  of  the  goods,  article  or  thing 
]:>urchased,  the  time  of  the  receipt  of  the  same,  the 
name,  residence  and  description  of  the  person  selling 
the  same,  which  book,  as  well  as  the  article  pur- 
chased, shall  at  all  reasonable  times  be  open  to  the 
inspection  of  any  member  of  the  police  department. 

§261.  Licensee  Shall  Keep  Goods  Ten  Days. 

(Sec.  5)  No  person  licensed  under  this  chapter  shall 
sell  or  remove  from  his  place  of  business,  any  such 
second-hand  goods,  article  or  thing  purchased  by  him 
as  aforesaid,  until  the  same  shall  have  been  in  his 
possession  at  least  ten  days,  provided,  that  this  shall 
not  apply  to  furniture  or  household  goods. 

§262.  Persons  From  Whom  Goods  Shall  Not  Be 

171 


Purchased.  (Sec.  (5)  No  })ersou  licensed  under  this 
(‘liapter  sliall  ])urchase  any  second-hand  goods, 
article  or  tiling,  from  any  person  under  twenty-one 
(21 ) years  of  age  or  from  any  ])erson  wiio  at  the  time 
is  intoxicated,  or  from  an  habitual  drunkard,  or  from 
any  ])erson  known  by  him  to  be  a thief  or  an  associate 
of  thieves  or  a receiver  of  stolen  property,  or  from 
any  person  whom  he  has  reason  to  suspect  of  being, 
such. 

§263.  Chief  of  Police  Make  Rules.  (Sec.  7)  The 
chief  of  police  shall  have  authority  to  make  such  rules 
and  regulations  as  shall  be  necessary  to  enforce  the 
provisions  of  this  ordinance,  and  all  persons  licensed 
under  this  ordinance  shall  observe  said  rules  or  regu- 
lations as  fully  as  if  the  same  were  set  out  in  this  or- 
dinance. 

§264.  Penalty.  (Sec.  8)  Any  person  violating 
any  of  the  provisions  of  this  chapter  shall  be  fined 
not  to  exceed  one  hundred  dollars  ($100)  for  each  of- 
fense.. [Ord.  No.  830,  passed  Mar.  17,  1911.] 


ARTICLE  16. 

OF  PAWNBROKERS. 

§265.  License  Required.  (Sec.  1)  It  shall  be  un- 
lawful for  any  person  to  do  business  as  a pawnbroker 
within  the  corporate  limits  of  the  city  of  Colorado 
Springs,  without  first  having  obtained  a license  as 
hereinafter  provided.  Any  person  loaning  money  on 
])ersonal  property  and  charging  as  much  as  the  max- 
imum rate  of  interest  hereinafter  provided  shall  be 
deemed  a pawnbroker,  and  all  purchases  of  personal 


72 


property  by  ])awnl)rokei‘8  in  the  course  of  their  busi- 
ness, with  ai>'reenient,  express  or  implied,  to  resell 
the  same,  shall,  prinia  facie,  be  deemed  loans  under 
the  meaning  of  this  ordinance. 

§266.  Bond.  (Sec.  2)  The  clerk  may  from  time 
to  time,  as  the  council  may  direct,  grant  a license  to 
such  person  as  shall  produce  to  them,  satisfactory 
evidence  of  his  good  character,  to  exercise  or  carry 
on  the  business  of  pawnbroker,  and  shall  enter  into 
bond  to  the  city  of  Colorado  Springs,  with  two  or 
more  sufficient  sureties  in  the  penal  sum  of  two 
thousand  dollars  ($2,000),  to  be  approved  by  the 
mayor,  conditioned  for  the  due  observance  of  all  or- 
dinances and  regulations  of  the  chief  of  police  and 
municipal  authorities  as  may  be  passed,  or  enforced, 
regarding  pawnbrokers,  at  any  time  during  the  con- 
tinuance of  such  license  and  for  the  safe  keeping  and 
return  of  all  articles  held  in  pawn  by  such  pawn- 
broker in  accordance  with  the  provisions  of  this  or- 
dinance. 

§267.  License  Fee.  (Sec.  3)  Every  person  re- 
ceiving a license  as  a pawnbroker,  and  who  shall  en- 
gage in  the  pawnbroker’s  business  or  any  kind  of 
business  mentfoned  and  coming  under  the  provisions 
of  this  ordinance,  shall  pay  into  the  treasury  the  sum 
of  fifty  dollars  ($50)  per  annum,  which  said  license 
tax  shall  be  payable  in  advance,  provided,  that  all 
licenses  issued  under  the  provisions  of  this  ordinance 
shall  expire  on  the  31st  day  of  December  of  the  year 
the  same  was  issued,  and  provided,  further,  that  any 
license  issued  under  the  provisions  of  this  ordinance 
at  any  time  after  the  first  day  of  January  of  any  year, 
shall  be  fifty  dollars  ($50)  from  the  date  of  issue  until 
the  31st  day  of  December  of  the  year  the  same  is 
issued,  and  provided,  further,  that  said  license  shall 
specify  the  amount  of  capital  proposed  by  the  li- 


173 


ceiisee  to  he  used  in,  and  the  place,  street  and  number 
where  the  same  is  to  he  carried  on.  [Ord.  No.  835, 
passed  Mar.  17, 3911.] 

§268.  Pawnbroker  Shall  Keep  a Record  Book. 

(Sec.  -t)  Nvery  ])erson  who  shall  be  engaged  in  the 
business  of  a pawnbroker,  as  in  this  ordinance  de- 
fined, shall  ])urchase  and  keep  a book  in  which  shall 
be  fairly  written  in  ink,  at  the  time  of  each  loan  or 
])urchase,  an  accurate  account  and  description,  in  the 
English  .language,  of  the  goods,  articles  or  things 
pawned,  l)ought  or  ])urchased,  the  amount  of  money 
loaned  thereon,  the  time  of  pledging  the  same,  the 
rate  of  interest  to  be  paid  on  such  loan,  and  the  name, 
description  and  residence  of  the  person  pawning  or 
])1  edging  said  goods,  articles  or  things,  which  book 
shall  be  well  bound  and  shall  be  ruled  in  blank  in  the 
form  prescribed  by  statute,  and  there  shall  be  an 
alphabetical  index  of  the  names  of  the  pledgers, 
which  book  shall  at  all  times  be  open  to  the  inspection 
of  the  mayor,  chief  of  police,  captain  of  police,  the 
])olice  magistrate,  or  any  or  either  of  them,  or  any 
])erson  who  shall  be  duly  authorized  in  writing  by  the 
mayor  or  chief  of  police,  and  who  shall  exhibit  such 
written  authority  to  the  pawnbroker.^ 

§269.  Penalty  for  False  Entries.  (Sec.  5)  Any 
])erson,  either  by  himself  or  his  clerk  or  employe, 
who  shall  make  a false  entry  as  to  the  amount  loaned 
u])on  or  paid  for,  or  shall  make  a false  entry  as  to 
description  of  xn'0|)erty  in  the  book  to  be  kept  by 
him,  or  shall  make  a false  report  to  the  chief  of 
X)olice  as  to  the  amount  or  descri|)tion  of  the  goods 
])awned  or  purchased,  shall  be  liable  to  the  penalties 
imposed  in  this  ordinance. 

§270.  Pawnbroker  Shall  Deliver  Signed  Mem- 
orandum. (Sec.  ())  Every  pawnbroker  shall,  at  the 
time  of  each  loan,  deliver  to  the  person  pawning  oi‘ 


174 


any  goods,  articles  or  things,  a inemoran- 
dnni,  or  note  signed  by  him,  containing  tlie  sub- 
stance of  tlie  entry  required  to  be  made  in  liis  book 
by  the  preceding  section,  and  no  cliarge  shall  be 
made  or  received  by  any  pawnbroker  for  any  such 
entry,  memorandum  or  note. 

§271.  Pawnbroker  Shall  Deliver  Statement  to 
Chief  of  Police.  (Sec.  7)  It  shall  be  the  duty  of 
every  pawnbroker  to  make  out  and  deliver  to  the 
chief  of  police,  every  day  before  the  hour  of  twelve 
o^clock,  noon,  a legible  and  correct  statement,  which 
said  statement  shall  be  provided  by  him  but  in  such 
form  as  shall  be  approved  by  the  chief  of  police,  of 
all  personal  property  or  other  valuable  thing  pur- 
chased during  the  preceding  day,  together  with  the 
time  when  purchased  and  a description  of  the  person 
or  persons  from  whom  the  same  were  purchased,  and 
no  pawnbroker  shall  sell' any  article  or  goods  pur- 
chased by  him  until  after  the  expiration  of  ten  days 
from'  said  purchase,  provided,  that  no  such  person 
shall  be  required  not  to  sell,  or  to  furnish  such  de- 
scription of  any  property  purchased  from  a private 
residence,  manufacturers,  or  wholesale  dealers  hav- 
ing an  established  place  of  business,  or  of  goods 
purchased  at  open  sale  from  any  bankrupt  stock  or 
from  any  other  person  doing  business  and  haying  an 
established  place  of  business  in  the  city;  but  such 
goods  must  be  accompanied  by  a bill  of  sale  or  other 
evidence  of  open  or  legitimate  purchase,  which  much 
be  shown  to  the  chief  of  police  or  any  other  member 
of  the  police  force  when  demanded. 

§272.  Pawnbroker  Not  To  Charge  Interest  in 
Excess  of  Three  Per  Cent.  Per  Month.  (Sec.  8)  No 
pawnbroker  shall  ask,  demand  or  receive  any  greater 
rate  of  interest,  commission  or  compensation,  and 
the  same  shall  be  compted  upon  the  amount  of  money 


175 


ariluilly  advanced,  tliaii  at  tlie  rate  of  tliree  ])er  cent, 
(d  per  ('ent.)  ])er  month,  or  a fractional  ])art  of  a 
inontli  on  any  loans  ]>y  him. 

§273.  Who  Are  Liable  as  Pawnbrokers.  (Sec  9) 
All  purchases  of  personal  property  by  pawn])rokers, 
in  the  course  of  their  l)usiness,  with  an  agreement, 
ex])ressed  or  implied,  to  resell  the  same,  shall,  prinia 
facie,  be  considered  loans  within  the  meaning*  of  this 
ordinance,  and  any  person  loaning  money  on  per- 
sonal property  and  charging  as  much  as  the  maxi- 
mum rate  of  interest  herein  provided,  shall  be 
deemed  a pawnbroker,  and  such  person  doing  busi- 
ness without  a license  shall,  on  conviction,  be  fined 
in  a Slim  not  exceeding  three  hundred  dollars  ($300). 

§274.  Pawnbroker  Shall  Provide  Safe  Place  for 
Keeping  Pledges.  (Sec.  10)  Any  pawnbroker  li- 
censed and  operating  under  the  provisions  of  this 
ordinance,  shall  provide  a safe  place  for  the  keeping 
of  the  pledges  received  by  him,  and  shall  have  suf- 
ficient insurance  on  the  property,  held  by  him  as 
pledges,  for  the  benefit  of  the  pledger  of  the  prop- 
erty, to  pay  one-half  (i/o)  the  real  value  thereof,  in 
case  of  fire,  which  policy  shall  be  deposited  with  the 
mayor,  but  neither  the  pawnbroker  nor  bondsmen 
shall  be  relieved  from  responsibility  by  reason  of 
such  fire,  or  from  other  cause. 

§275.  From  Whom  Pledges  Shall  Not  Be  Re- 
ceived or  Purchased,  (Sec.  11)  No  pawnbroker,  his 
clerk  or  employe,  shall  receive  in  pledge  or  purchase, 
any  article  or  thing  from  any  person  under  twenty- 
one  (21)  years;  or  from  any  person  who  at  the  time 
is  intoxicated,  or  from  any  habitual  drunkard,  or 
from  any  person  who  is  known  by  him  to  be  a thief, 
or  an  associate  of  thieves,  or  a receiver  of  stolen 
property,  or  from  any  person  Avhom  he  has  reason  to 
suspect  as  such. 


176 


§276.  Chief  of  Police  Make  Rules.  (Sec.  12) 
The  chief  of  ])olice  shall  liave  authority  to  make  such 
rules  and  regulations  as  -shall  he  necessary  to  en- 
force the  ])i*o visions  of  this  ordinance,  and  all  per- 
sons licensed  under  this  ordinance  shall  observe  said 
rules  and  regulations  as  fully  as  if  the  same  were  set 
out  in  this  ordinance. 

§277.  Penalty.  (Sec.  13)  Any  person  violating 
any  of  the  provisions  of  this  ordinance  shall,  on  con- 
viction, be  punished  by  a fine  not  to  exceed  one  hun- 
dred dollars  ($100)  for  each  and  every  offense.  [Ord. 
No.  885,  passed  Mar.  17,  1911.] 


ARTICLE  17. 

OF  HUCKSTERS  AND  PEDDLERS  OP  FOOD- 
STUFFS. 

§278.  Definition.  License  Required.  Inspec- 
tion. Penalty.  (Sec.  1)  The  peddling  of  foodstuffs 
under  the  terms  of  this  ordinance  shall  be  deemed  to 
be  the  selling  or  offering  for  sale  of  foodstuffs  from 
house  to  house  or  on  public  ways  or  places  whether 
by  crying  wares,  hawking  or  soliciting  orders  or  oth- 
erwise, and  shall  include  the  selling  or  offering  for 
sale  from  a cart,  wagon  or  other  vehicle  or  from  bas- 
kets or  containers  taking  [taken]  from  place  to  place 
within  the  city,  other  than  delivery  from  regularly 
established  business  houses.  Foodstuffs  shall  be 
deemed  to  be  fruits,  vegetables,  meats,  eggs,  fowls, 
or  any  article  that  may  be  used  for  food  purposes, 
except  milk,  cream  and  buttermilk.  No  person,  firm 
or  corporation  shall  peddle  foodstuffs  within  the  city 


177 


without  first  obtaining-  a license  therefor  as  herein- 
after provided,  and  without  sul)initting  all  foodstuffs 
to  the  marketinaster  for  inspection  and  tagging  be- 
fore offering  them  for  sale,  and  complying  fully  with 
all  rules  and  regulations  of  the  health  commission 
then  in  force.  Any  ])erson  or  persons  who  shall  ped- 
dle any  foodstuffs  without  first  obtaining  a license 
therefor  as  provided  in  this  ordinance  shall  be  fined 
not  less  than  twenty-five  dollars  ($1^5)  nor  more  than 
seventy-five  dollars  ($75)  for  each  offense. 

§279.  License  Fee.  Expiration.  Rovocation. 

(Sec.  2)  The  license  fee  for  peddling  foodstuffs  shall 
be  sixty  dollars  ($60)  per  annum,  or  for  any  part  of 
a year,  payable  at  the  time  such  license  is  procured, 
and  the  license  shall  be  issued  by  the  mayor  and  at- 
tested by  the  city  clerk.  All  such  licenses  shall  ex- 
pire on  the  31st  day  of  December  next  after  the  same 
was  issued.  The  application  for  any  such  license, 
or  for  the  transfer  thereof,  must  have  the  approval 
of  the  marketinaster  and  health  commissioner. 
The  mayor  may  suspend,  or  the  council  revoke,  the 
license  of  any  person,  firm,  or  corporation  peddling- 
foodstuffs,  who  shall  be  convicted,  in  any  court,  of 
fraud  or  dishonest  dealings,  or  of  any  violation  of 
any  part  of  this  ordinance,  or  who  shall  persist- 
ently disobey  the  rules  and  regulations  of  the  health 
commission. 

§280.  Where  Prohibited.  (Sec.  3)  No  foodstuffs 
shall  be  peddled  at  any  time  within  that  portion  of 
the  city  bounded  by  the  center  lines  of  the  following 
named  streets  and  avenues:  Bijou  street  on  the 

north,  Nevada  avenue  on  the  east,  Cucharras  street 
on  the  south.  Cascade  avenue  on  the  west.  Not  more 
than  two  persons  shall  be  allowed  to  peddle  food- 
stuffs from  one  wagon  on  one  license  and  said  person 

178 


or  persons  sliall  confine  their  })ecldling:  to  the  block 
in  which  the  wagon  is  located.  Any  person  violating 
any  of  the  provisions  of  this  section,  shall  be  fined  not 
less  than  five  nor  more  than  ten  dollars  for  each  of- 
fense. 

§281.  Obstructing  Street.  Nuisance.  Penalty. 

(Sec.  4)  No  peddler  of  foodstuffs  shall  stop  in  or 
near  the  middle  of  any  street  or  avenue,  or  so  as  to 
obstruct  the  free  travel  thereon.  No  peddler  of  food- 
stuffs shall  cry  his  goods  or  wares  louder  than  a 
natural  tone,  or  in  any  manner  create  a nuisance. 
Any  person  violating  any  of  the  provisions  of  this 
section  shall  be  fined  not  less  than  five  nor  more  than 
ten  dollars  for  each  offense. 

§282.  Producer  May  Sell  Without  License.  An- 
imals. Inspection.  Penalty.  (Sec.  5) Any  person 
may  without  obtaining  a license  therefor  sell  from 
house  to  house  food  products  grown  or  raised  by  him 
in  the  state  of  Colorado.  Cattle,  swine  or  sheep  will 
be  considered  of  a personas  own  raising  when  owned, 
kept  and  fed  by  said  person  at  least  21  days  before 
being  slaughtered.  Each  such  animal  must,  however, 
be  inspected  and  approved  for  food,  by  the  market- 
master  or  his  assistant  before  being  sold  or  offered 
for  sale.  Any  person  violating  any  of  the  provisions 
of  this  section  shall  be  fined  not  less  than  ten  dollars 
nor  more  than  twenty  dollars  for  each  offense. 

§283.  Peddling  Stuffs  Not  Inspected.  Penalty. 

(Sec.  6)  Any  person  who  shall  peddle  any  foodstuffs 
that  have  not  been  inspected  by  the  marketmaster 
or  his  assistant  and  properly  tagged  by  him  shall  be 
fined  five  dollars  for  each  offense,  each  sale  so  made 
shall  constitute  a separate  offense  under  this  article. 
[Ord.  No.  703,  passed  Mar.  22,  1906.] 


179 


ARTICLE  18. 

OF  SKATING  RINKS. 

§284.  License  Required.  (Sec.  1)  No  person 
shall  ('ondiict  any  skating-  rink  within  the  city  with- 
out first  having  o])tained  a license  therefor  as  herein 
})rovided. 

§285.  Application.  License  Fee.  One  Year.  (Sec. 
2)  x\ny  person  desiring-  such  license  shall  make  ap- 
])lication  in  writing  to  the  clerk,  setting-  forth  the 
full  name  of  the  applicant  and  the  location  of  the 
place  where  it  is  proposed  to  conduct  such  skating 
rink.  Upon  so  doing  and  the  payment  to  the  clerk  of 
a license  fee  of  twenty-five  dollars  for  each  year  or 
part  thereof,  the  clerk  may  issue  a license  to  such 
applicant  to  conduct  such  skating  rink  at  such  loca- 
tion, and  such  license  shall,  unless  sooner  suspended 
or  revoked,  continue  in  force  for  one  year  from  its 
issue. 

§286.  Children  Not  Permitted.  Hours.  Police 
Rules.  (Sec.  3)  No  person  licensed  under  this  ordi- 
nance shall  permit  or  allow  any  person  under  the  age 
of  sixteen  years  to  be  or  remain  in  any  room,  building 
or  place  where  such  skating  rink  is  conducted,  after 
the  hour  of  10  o’clock  in  the  evening,  except  while 
such  person  under  the  age  of  sixteen  years  shall  he 
accompanied  by  his  or  her  parent  or  guardian;  or 
shall  continue  to  keep  open  any  such  skating  rink 
between  the  hours  of  12  o’clock  midnight  and  6 
o’clock  in  the  morning,  or  on  Sunday,  and  all  such 
skating  rinks  shall  he  subject  to  the  police  rules  and 
regulations  of  this  city. 

§287.  Penalty.  (Sec.  4)  Any  person  violating 
any  of  the  provisions  of  this  ordinance  shall  be  fined 
not  less  than  ten  nor  more  than  one  hundred  dollars 
for  each  offense.  [Ord.  No.  731,  passed  Apr.  15, 
1907.] 


i8o 


ARTICLE  19. 

OF  PUBLIC  DANCES  AND  DANCE  HALLS. 


§288.  Definition.  (Sec.  1)  The  term  ‘‘public 
dance,”  as  used  in  this  ordinance,  shall  be  held  to 
mean  any  dance  or  ball  to  which  admission  can  be 
had  by  payment  of  a fee,  or  by  the  purchase,  posses- 
sion or  presentation  of  a ticket  or  other  token,  or  at 
which  a charge  is  made  for  caring  for  clothing  or 
other  property,  or  any  dance  whatsoever  to  which 
the  public  generally  may  gain  admission,  either  with 
or  without  payment. 

The  term  “public  dance  hall,”  as  used  herein, 
shall  be  held  to  mean  any  room,  hall,  place,  or  space 
in  which  a public  dance  shall  be  held,  or  hall,  acad- 
emy, or  other  place,  in  which  classes  in  dancing  are 
held  and  instruction  in  dancing  given  for  compensa- 
tion, except  as  provided  in  section  2. 

§289.  License  Required  for  Dance  Halls.  (Sec. 

2)  It  shall  be  unlawful  to  hold  any  public  dance  or  to 
hold  classes  in  dancing,  or  to  give  instruction  in 
dancing  for  compensation,  in  any  room,  hall,  or  acad- 
emy, until  the  place  in  which  the  same  may  be  held 
shall  first  have  been  duly  licensed  hereunder,  pro- 
vided that  no  license  shall  be  required  where  classes 
in  dancing  are,  or  where  instruction  in  dancing  is 
given  at  private  residences. 

§290.  Counsel  Issues.  License  Fee.  Term.  (Sec. 

3)  All  applications  for  a license  shall  be  addressed 
to  and  all  licenses  shall  be  issued  by  the  city  council. 

The  license  fee  shall  be  five  dollars  per  year  or 
fraction  thereof,  and  all  licenses  shall  expire  on  the 
first  day  of  October  of  each  year. 

§291.  Inspection  of  Premises.  Reports.  (Sec. 

4)  No  license  shall  issue  until  the  commissioner  of 


i8i 


])ul)li(‘  safety  sliall  have  personally  visited  and  in- 
spected the  premises  for  whicli  the  license  is  sought, 
and  j)resented  to  the  council  his  written  report  there- 
on, accompanied  by  written  reports  respectively 
from  the  chief  of  the  tire  department  stating  whether 
the  premises  conform  to  all  the  tire  regulations  of  the 
city,  and  from  the  health  officer  stating  whether  the 
premises  are  properly  ventilated,  and  supplied  with 
sufficient  toilet  conveniences  in  good  repair. 

§292.  License  Revocable.  (Hec.  5)  Any  license 
may  be  forfeited  or  revoked,  at  any  time,  at  the  dis- 
cretion of  the  city  council,  without  hearing,  and  with- 
out notice  to  the  licensee,  upon  the  return  of  the  un- 
earned portion  of  the  license  fee. 

§293.  Duties  of  Licensee.  (Sec.  6)  It  shall  be 
the  duty  of  the  licensee  to  keep  his  dance  hall,  and 
the  entrances,  lobbies,  toilets  and  other  rooms  con- 
nected with  his  hall,  at  all  times  in  a clean,  healthful, 
sanitary  condition,  and  to  keep  open  and  well  lighted 
all  entrances,  halls,  passages  and  rooms  whatsoever, 
connected  with  his  dance  hall. 

§294.  Public  Dances.  Permit  Required.  (Sec. 
7)  It  shall  be  unlawful  for  any  person,  society,  club, 
or  corporation  to  hold  a public  dance  without  having 
first  obtained  a permit  therefor  from  the  mayor,  not 
later  than  noon  on  the  day  of  which  the  dance  is  to 
be  held: 

§295.  Dances.  When  Not  Permitted.  (Sec.  8)  . 
All  public  dances  shall  be  discontinued,  and  all  pub- 
lic dance  halls  shall  he  closed  by  12  o’clock  m.  on 
Saturdays,  and  by  12:30  a.  in.  on  other  days  of  the 
week;  provided,  however,  that  upon  the  a])plication 
of  a bona  fide  and  responsible  organization  or  society, 
and  after  investigation  and  report  by  the  dance  hall 


182 


iiispector,  the  mayor  may  i>Taiit  siieli  or<4,anizaiion  or 
society  a ])ermit  to  (*ontimie  a dan(*e  until  2 o’clock  a. 
m.,  except  on  Saturday  nig’lits.  No  dance  shall  be 
given  on  Sunday. 

§296.  No  Tickets  After  11  P.  M.  (Sec.  9)  No 
ticket  shall  be  vSold  or  accepted  for  admission  to  ;iny 
public  dance  after  the  hour  of  11  o’clock  p.  m. 

§297.  Persons  Under  Eighteen.  (Sec.  10)  It 
shall  be  unlawful  to  permit  any  person  to  attend  any 
public  dance,  who  is  not  eighteen  years  of  age,  unless 
such  person  be  accompanied  by  a parent  or  a natural 
guardian.  The  term  ‘‘natural  guardian,”  as  used  in 
this  ordinance,  shall  be  held  to  mean  a person  over 
the  age  of  twenty-five  years  in  whose  custody  and 
charge  the  minor  has  been  expressly  placed  by  his  or 
her  parent  or  legal  guardian. 

§298.  Misrepresenting  Age  to  Gain  Admission. 

(Sec.  11)  It  shall  be  unlawful  for  any  person  to  rep- 
resent himself  or  herself  to  be  eighteen  years  of  age, 
when  such  is  not  the  fact,  in  order  to  obtain  admis- 
sion to  a ])ublic  dance. 

§299.  Falsely  Representing  Parent  or  Guardian. 

(Sec.  12)  It  shall  be  unlawful  for  any  person  to  rep- 
resent himself  or  herself  to  be  a parent  or  a natural 
guardian  of  any  person  in  order  that  such  per- 
son may  obtain  admision  to  a public  dance,  when  the 
|:>erson  making  the  representation  is  not  the  parent  or 
the  natural  guardian  of  the  other  ]^erson. 

§300.  Inspector  of  Dance  Halls.  Duties  of. 

(Sec.  13)  The  mayor  shall,  upon  the  recommendation 
of  the  commissioner  of  public  safety,  appoint  an  in- 
spector of  dance  halls,  whose  duty  it  shall  be  to  ex- 
amine all  applications  for  dance  hall  licenses,  to  in- 
vestigate each  application  and  to  report  thereon,  with 


Ills  or  lier  recommendation,  to  the  council.  Such  in- 
s]^ector  shall  he  permitted  to  visit  all  public  dance 
halls  at  all  times,  shall  investigate  all  complaints, 
and  shall  immediately  report  to  the  city  council  all 
violations  of  this  ordinance,  and  shall  from  time  to 
time  also  re])ort  the  conditions  lie  or  she  may  find  in 
any  ])uhlic  dance  hall  or  at  any  public  dance. 

AVhenever,  in  the  opinion  of  the  inspector,  any 
conditions  shall  arise  which  may  be  dangerous  to 
])ublic  morals,  he  or  she  shall  immediately  report  the 
same  to  the  council. 

§301.  Dance  Hall  License.  Application.  (Sec. 
14)  -Any  person  desiring  to  obtain  a license  for  a pub- 
lic dance  hall  shall  use  the  following  form  of  applica- 
tion : 

Ap})li cation  for  License  for  a Public  Dance  Hall. 

Colorado  Springs,  , 19 . . . 

To  the  City  Council: 

The  undersigned  hereby  makes  application  for  a 
license  permitting  the  use  of  the  following  described 

]u*emises,  to-wit:  

located  at  No , 

Street,  for  a public  dance  hall, 

and  encloses  five  dollars  ($5)  as  the  license  fee  there- 
for. 

Name 

Address 

§302.  Public  Dances.  Application  for  Permit. 

(Sec.  15)  A person,  society,  club,  or  corporation  de- 
siring to  hold  a public  dance  or  series  of  public 
dances  shall  use  the  following  form  of  a])plication 
therefor: 


184 


A|)pli(‘atioii  to  Hold  a Public  Dance. 

Colorado  Spring’s, , 19.  . . . 

The  Mayor: 

Sir:  The  undersigned,  on  behalf  of 

, hereby  makes  application  for  a 

permit  to  hold  a public  dance  (or  dances)  at  the 

licensed  public  dance  hall  at  No Street, 

on  the  following  date  or  dates,  to-wit: 


In  consideration  of  the  issue  of  such  permit,  it  is 
hereby  expressly  agreed  that  said  dance  or  dances 
shall  be  conducted  in  strict  accord  with  the  ordi- 
nances of  the  city  of  Colorado  Springs,  and  under  the 
supervision  and  control  of  the  dance  hall  inspector. 
The  undersigned  further  agrees  that  he  shall  be  held 
responsible  for  any  violation  of  any  ordinance  regu- 
lating such  public  dance.  The  owner  or  lessee  of  the 

premises  iu  which  such  dance  is  to  be  held  is 

, and  his  address  is 

It  is  understood  that  this  permit  may  be  revoked  at 
any  time  at  the  discretion  of  the  mayor. 

Name 

Address 

The  permit  shall  he  as  follows: 

Permit  to  Hold  a Public  Dance. 

Colorado  Springs,  , 19.... 

Iu  accordance  with  the  application  made  by 

under  date  of 

19.  . . .,  peruiission  is  hereby 

granted  to  on  behalf 

of  to  hold  a 

public  dance  or  series  of  dances  at  the  licensed  pub- 
lic dance  hall  at  No Street, 


185 


on  the  t'()ll()wini>-  dates,  to-wit:  

This  ])eriiiit  may  be  re- 
voked at  any  time  at  tlie  disei*etion  of  ttie  mayor. 


Mayor. 

§303.  Record  of  Applications  for  Permits.  (Sec. 
lb)  The  mayor  sliall  cause  to  be  kept  a record  of  all 
applications  for  ])ermits  to  hold  public  dances  and  of 
all  permits  issued,  and  shall  cause  a copy  of  each 
l^ermit  granted  to  be  delivered  forthwith  to  the 
dance  hall  inspector. 

§304.  Drinking  Prohibited.  (Sec.  17)  It  shall 
be  unlawful  to  drink  or  to  permit  to  be  drunk  any 
distilled,  spirituous,  vinous,  fermented,  malt  or  other 
intoxicating  licpiors  in  any  public  dance  hall,  or  in 
any  dressing  room,  toilet,  hall,  entrance,  stairway, 
or  in  any  other  place  whatsoever,  connected  with  any 
public  dance  hall. 

§305.  Licensee  Post  Copies.  (Sec.  18)  It  shall 
be  the  duty  of  the  licensee  of  each  public  dance  hall 
to  kee]:>  cons])icuously  and  continuously  posted  cop- 
ies of  sections  8,  9,  10,  11,  12  and  17  of  this  ordinance 
in  the  following  ]daces:  two  copies  in  the  main 
dance  hall,  one  co])y  in  the  entrance,  and  one  co])y  in 
each  dressing  room. 

§306.  Inspector  Make  Rules.  (Sec.  19)  The 
dance  hall  inspector  shall  have  authority  to  formu- 
late, subject  to  the  ap|)roval  of  the  council,  further 
rules  and  regulations,  not  in  conflict  herewith,  to 
carry  out  the  true  intent  and  spirit  of  this  ordinance. 

§307.  Private  Residences,  Schools,  Clubs,  Etc. 

(Sec.  20)  The  provisions  of  this  ordinance  shall  in  no 
way  interfere  with  private  parties  at  ])rivate  resi- 
dences, or  at  ]nd)lic  or  ]>rivate  schools,  or  with 

i86 


dances  given  ])v  societies,  clubs  or  corporations,  at 
the  premises  regularly  occupied  by  them,  when  the 
attendance  is  restricted  to  the  members  thereof  and 
to  their  invited  guests. 

§308.  Penalties.  (Sec.  21)  Any  violation  of  the 
provisions  of  this  ordinance  shall  subject  the  offend- 
er, upon  conviction,  to  a tine  of  not  less  than  five 
dollars  ($5)  nor  more  than  one  hundred  dollars 
($100).  [Ord.  No.  897,  passed  Feh.  26,  1913.] 


ARTICLE  20. 

OF  AUCTIONEERS. 

§309.  License  Required.  (Sec.  1)  No  person, 
firm  or  corporation,  shall  conduct  or  carry  on  the 
business  of  an  auctioneer  without  first  prociiring  a 
license  therefor  from  the  city  clerk. 

§310.  Auctioneer  Defined.  (Sec.  2)  Whoever 
shall  sell  or  offer  to  sell  any  goods,  wares,  merchan- 
dise, produce,  livestock,  buggies,  wagons  or  vehicles 
of  any  description,  or  any  other  personal  property, 
or  any, real  estate  or  interest  therein  at  any  store, 
stand  or  other  place  in  this  city,  by  public  outcry  for 
his  own  gain  or  profit,  or  shall  advertise  or  in  any 
other  way  hold  himself  out  as  an  auctioneer  for  pub- 
lic patronage,  or  shall  receive  fees  as  a commission 
for  such  services,  is  hereby  defined  to  be  an  auction- 
eer. 

§311.  Application.  Bond.  Fee  for  License. 

(Sec.  3)  Any  person  desiring  to  obtain  an  auction- 
eer’s license  shall  apply  to  the  city  clerk  and  present 

187 


witli  said  application  a corporate  surety  l)ond  run- 
ning- to  tlie  city  of  Colorado  Springs  in  the  penal 
snni  of  one  thousand  dollars  ($1,000),  which  bond 
shall  he  signed  by  one  or  more  sureties,  to  be  ap- 
proved by  the  mayor,  and  shall  be  conditioned  for 
the  faithful  com])liance  with  the  terms  of  this  ordi- 
nance. The  applicant  shall  pay  a license  fee  of  five 
dollars  ($5)  per  day  for  each  day  for  which  said 
license  is  desired,  but  said  bond  may  be  conditioned 
to  cover  divers  days,  and  in  case  a bond  so  properly 
conditioned  is  on  file  with  said  clerk,  the  applicant 
need  not  present  a new  bond  each  time  a license  is 
applied  for. 

§312.  Mayor  Revoke.  License.  (Sec.  4)  The 
mayor  may  revoke  any  such  license  for  such  reasons 
as  be  deems  sufficient,  whereupon  be  shall  file  a 
statement  in  writing  with  the  city  clerk  setting  forth 
the  reasons  therefor  and  no  further  license  shall  he 
issued  to  such  licensee  except  upon  the  affirmative 
vote  of  the  city  council. 

§313.  Record  of  Sales.  (Sec.  5)  Each  person 
to  whom  an  auctioneer’s  license  shall  he  granted 
shall  keep  a full,  true  and  complete  record  of  each 
sale  made  by  him,  which  record  shall  contain  the 
name  of  the  article  sold  and  the  price  for  which  it 
sold,  and  which  record  shall  he  subject  to  examina- 
tion by  the  chief  of  police  or  other  peace  officer  of 
said  city. 

§314.  Misrepresentation.  (Sec.  6)  No  person 
licensed  under  this  ordinance  shall  misrepresent  the 
value  or  character  of  any  property  offered  for  sale 
by  him. 

§315.  Delivery  of  Articles  Sold.  Police  Surveil- 
ance.  (Sec.  7)  No  person,  firm  or  cor})oration, 
licensed  under  this  ordinance  shall  himself  or  by  an 

i88 


ai>eiit,  servant,  clerk  or  employe,  deliver  or  wrap  ip) 
for  delivery  to  a purchaser  at  an  auction  sale  any 
other  article  than  the  article  actually  bid  for  and 
sold,  and  any  police  officer  of  this  city  shall  have 
access  to  all  parts  of  the  premises  where  articles  are 
heini>-  sold  or  wrapped  by  such  licensee. 

§316.  License  Not  Assignable.  (Sec.  8)  No 
license  granted  under  this  ordinance  shall  he  assign- 
able. 

§317.  Not  Applicable  to  Judicial  or  Mortgage 
Sales.  (Sec.  9)  This  ordinance  shall  not  apply  to 
any  officer  or  person  selling  property  under  and  by 
virtue  of  any  legal  process  or  mortgage. 

§318.  Penalty.  (Sec.  11)  Any  person  violating 
any  of  the  provisions  of  this  ordinance  shall,  on  con- 
viction, be  fined  in  any  sum  not  more  than  three  hun- 
dred dollars  ($300)  for  each  offense.  [Ord.  No.  925, 
passed  Dec.  3,  1913.] 


ARTICLE  21. 

OF  SOLICITORS  FOR  HOTELS,  BOARDING 
AND  ROOMING  HOUSES  AND 
RESTAURANTS. 

§319.  Who  May  Solicit.  Solicitor  Defined. 

(Sec.  1)  No  person  shall  act  as  hotel  solicitor,  porter 
or  runner  in  this  city  without  first  having  obtained 
authority  therefor,  and  without  being  the  represent- 
ative of  a duly  licensed  hotel,  boarding  or  rooming 
house  or  restaurant  keeper  who  has  been  licensed  as 
hereinafter  provided.  The  term  hotel  solicitor, 
porter  or  runner”  shall  include  all  solicitors  of  pat- 
ronage for  any  hotel,  boarding  or  rooming  house, 

189 


j-estmiraiit  or  any  }ml)lie  place  wliere  meals  or  lodg- 
ing  ai'e  fnrnislied  or  similar  services  are  rendered; 
pi'ovided,  that  this  section  shall  not  he  construed  to 
))i'ohil)it  the  owner,  proprietor  or  manager  of  any 
hotel,  hoarding  or  rooming  house  or  restaurant  in 
this  city  from  soliciting  patronage  while  such  person 
is  on  the  ])remises  occupied  by  the  hotel,  boarding 
or  rooming  house  or  restaurant  owned  or  managed 
by  him.  [Ord.  No.  811,  passed  June  17,  1910,  as 
amended  by  Ord.  No.  816,  passed  July  13,  1910.] 

§320.  License  Applications.  Penalty  for  False 
Statement.  (Sec.  2)  Any  keeper  of  a hotel,  boarding 
or  rooming  house,  or  restaurant  or  other  similar 
public  jJace,  who  wishes  to  employ  a solicitor,  run- 
ner or  porter  in  this  city,  shall  make  apxJication  to 
the  city  clerk  for  a license  to  have  his  place  repre- 
sented by  a solicitor,  runner  or  porter.  Such  appli- 
cation shall  state  the  name  of  the  applicant,  the  loca- 
tion of  the  place  for  which  the  license  is  desired,  and 
whether  such  place  is  a hotel,  boarding  or  rooming 
house  or  restaurant;  and  it  shall  also  state  the  name 
and  give  the  address  of  each  person  who  is  to  act 
as  solicitor,  runner  or  porter  for  such  place.  The 
application  shall  be  accompanied  by  a bond  to  the 
city  in  the  penal  sum  of  five  hundred  dollars  ($500) 
signed  by  one  or  more  sureties. 

Any  applicant  who  shall  intentionally  make  any 
false  statement  in  his  application  to  the  clerk  for  a 
license,  shall,  on  conviction,  be  fined  in  any  sum  not 
exceeding  one  hundred  dollars,  and  may  have  his 
license  revoked  by  the  court. 

§321.  Council  Grant  or  Refuse  License.  (Sec. 
3)  The  clerk  shall  present  to  the  council  each  appli- 
cation hied  with  him  as  hereinbefore  provided  and 
the  council  may  grant  or  refuse  to  grant  a license 
to  the  applicant  and  his  solicitor  or  solicitors. 

190 


§322.  License  Fees.  (8ec.  4)  In  all  eases  where 
the  eouneil  grants  a license,  and  the  mayor  approves 
the  bond,  the  clerk  shall  issue  a license  to  the  appli- 
cant upon  the  payment  by  him  of  the  following  fees, 
to-wit : 

Ten  dollars  where  the  owner,  manager  or  pro- 
prietor of  any  hotel,  boarding  or  rooming  house,  or 
restaurant,  or  other  place  is  licensed  and  authorized 
personally  to  act  as  his  own  solicitor. 

Twenty-five  dollars  for  each  solicitor,  runner  or 
porter,  other  than  the  owner,  manager  or  proprietor, 
who  is  authorized  to  solicit  for  the  applicant’s  place 
of  business.  [Ord.  No.  811,  passed  June  17,  1910, 
as  amended  by  Ord.  No.  814,  passed  July  11,  1910.] 

§323.  The  License  Shall  Issue  to  Applicant. 

(Sec.  5)  The  license  shall  be  issued  to  the 'applicant 
as  licensee  and  authorize  him  to  have  as  solicitor, 
porter  or  runner  for  his  place  the  person  or  persons 
named  in  his  application,  subject  to  the  provisions 
of  this  ordinance  and  the  rules  and  regulations  made 
by  the  chief  of  police  for  the  purpose  of  carrying 
into  effect  the  provisions  of  this  ordinance.  The 
solicitor,  porter  or  runner  named  in  such  license, 
shall  have  authority  to  solicit  business  for  the  li- 
censee while  in  his  employ,  in  accordance  with  the 
provisions  of  this  ordinance  and  the  rules  and  reg- 
ulations adopted'  as  herein  provided,  and  not  other- 
wise. 

§324.  Licensee  May  Change  Solicitors.  (Sec.  6) 

Any  person  to  whom  a license  is  granted  may  have 
the  authority  revoked  of  any  person  named  in  his 
license  as  solicitor,  runner  or  porter  and  have  some 
other  suitable  person  substituted  as  such  solicitor, 
runner  or  porter,  by  paying  one  dollar  to  the  city 
clerk  and  furnishing  proof  satisfactory  to  the  clerk 
that  the  person  authorized  to  solicit  for  -him  is  no 

191 


I()ni*t'r  ill  liis  (‘iiiploy,  and  by  filing-  with  the  elerk  an 
apphn-ation  in  writing  giving  the  name  of  tlie  person 
to  he  substituted  in  jilace  of  the  one  removed. 
Theren])on  the  (*Ierk  shall  liave  authority  to  author- 
ize the  person  designated  by  the  licensee  to  act  for 
him  as  soli('itor,  runner  or  porter  unless  such  person 
has  been  dis([ua lifted  by  judgment  in  the  ])olice  court 
from  acting  as  solicitor,  runner  or  ])orter  as  herein- 
after provided.  Any  ])erson  acting  as  a solicitor, 
runner  or  ])orter,  after  liis  authority  has  been  re- 
voked and  before  he  has  lieen  reappointed  by  some 
licensee  as  herein  provided,  shall,  on  conviction,  be 
fined  in  any  sum  not  exceeding  one  hundred  dollars. 

It  shall  be  the  duty  of  every  licensee  to  immedi- 
ately notify  the  clerk  and  the  chief  of  police  of  the 
removal  of  any  solicitor,  runner  or  porter  in  his  em- 
ploy and  every  licensee  shall  be  liable  for  a violation 
of  any  of  the  provisions  of  this  ordinance  by  the 
solicitor,  runner  or  porter  named  in  his  license,  or 
his  substitute,  until  he  has  so  notified  the  clerk  and 
(diief  of  police  of  said  removal. 

§325.  License  Expires  December  31.  (Sec.  7) 
Every  license  granted  under  this  ordinance  shall, 
unless  sooner  suspended  or  revoked,  expire  on  the 
31st  day  of  December,  next  after  the  issue  thereof. 

§326.  Badges.  (Sec.  8)  Every  person  licensed 
under  this  chapter  shall  receive  from  the  clerk  a 
badge,  on  which  shall  be  inscribed  his  number  and 
proper  descriptive  words,  which  badge  shall  be  worn 
by  the  solicitor,  runner  or  porter  employed  by  him 
while  engaged  in  his  business,  on  the  outside  of  his 
coat,  or  upon  the  hat  or  cap,  conspicuously  exposed 
so  as  not  to  be  hidden  either  by  design  or  accident. 
He  shall  pay  therefor  one  dollar,  and  at  the  expira- 
tion of  his  license  or  upon  ceasing  to  carry  on  the 


192 


business  siieli  licensee  siiall  return  tlie  same  to  the 
(‘lerk  and  receive  the  sum  paid  therefor. 

§327.  Where  Soliciting  is  Prohibited.  (Sec.  9) 
No  solicitor,  runner  or  porter  shall,  while  soliciting, 
enter  u])on  the  ])latform  of  or  into  any  railroad  depot 
nor  shall  such  a person  while  soliciting  at  any  depot 
approacli  nearer  to  said  depot  than  shall  he  desig- 
nated by  the  chief  of  police,  who  shall  establish  a 
line  or  place  where  solicitors  shall  stand,  and  it  shall 
be  unlawful  for  any  solicitor  while  soliciting  in  the 
vicinity  of  said  depot  to  stand  at  any  other  place 
than  that  designated  by  the  chief  of  police  for  solic- 
itors. 

§328.  Regulations  Governing  Solicitors.  (Sec. 
10)  Every  person  acting  as  a solicitor,  runner  or 
porter  in  this  city  shall  observe  the  following  regu-  * 
lations  in  addition  to  the  other  provisions  of  this  or- 
dinance and  the  police  regulations  of  the  city: 

Only  one  solicitor  shall  address,  speak  to  or 
solicit  trade  of  a person  at  a time. 

No  solicitor  shall  interrupt  or  in  any  manner 
interfere  with  or  impede  the  progress  of  any  person 
whose  patronage  he  is  soliciting. 

No  solicitor  shall  touch  the  person  or  baggage 
of  any  person  whose  patronage  is  solicited  without 
being  requested  to  do  so  by  such  person. 

No  solicitor  shall  follow  any  person  whose  pat- 
ronage is  solicited  for  the  purpose  of  continuing  or 
renewing  his  solicitations. 

Solicitors  shall  not  gather  or  congregate  in 
groups  about  or  near  any  person  whose  patronage 
is  desired,  but  all  solicitors  when  at  or  near  the 
depots  shall  line  up  in  single  file  along  a line  to  be 

193 


designated  by  the  police  authorities,  and  shall  re- 
main along  said  line  while  passengers  are  entering 
or  departing  from  the  depot  at  the  time  of  the  ar- 
rival of  trains.  The  solicitor  who  first  arrives  at  the 
depot  shall  he  entitled  to  stand  at  the  head  of  such 
line,  and  the  next  to  arrive  shall  be  entitled  to  the 
next  place,  and  each  subsequent  arrival  shall  take 
his  place  in  the  order  in  which  he  arrives  at  the 
depot.  When  any  solicitor  leaves  the  line  for  any 
cause  he  shall  lose  his  place  in  said  line  and  those 
below  him  shall  move  up  in  the  order  in  which  they 
are  standing,  and  the  solicitor  who  lost  his  place  by 
leaving  the  same  shall,  upon  his  return,  take  his 
place  at  the  foot  of  said  line. 

No  solicitor  shall  call  out  in  a loud  voice  the 
name  of  the  place  he  represents,  or  talk  in  a loud 
manner,  or  make  any  unusual  noise,  or  in  any  man- 
ner vex,  harrass  or  annoy  any  person. 

No  solicitor  shall  solicit  patronage  of  any  person 
when  such  person  is  on  the  sidewalk  in  front  of  any 
hotel,  boarding  or  rooming  house,  or  restaurant  or 
other  similar  place  owned  or  kept  by  some  person 
other  than  the  one  employing  said  solicitor. 

No  solicitor  shall  make  any  false  statement  to 
any  one  whose  patronage  he  is  soliciting. 

No  solicitor  shall  in  any  manner  solicit  patron- 
age of  any  kind  for  any  person,  firm  or  corporation 
other  than  the  one  which  employs  him  as  solicitor. 

No  solicitor  shall  be  guilty  of  any  uncivil,  bois- 
terous, or  unseemly  conduct  while  in  attendance  at 
any  of  the  depots,  or  while  soliciting  patronage  for 
his  employer. 

§329.  Chief  of  Police  Make  Regulations.  (Sec. 
11)  The  chief  of  police  is  hereby  authorized  to  make 


T94 


such  rules  and  regulations  as  may  be  necessary  to 
fully  carry  into  effect  the  provisions  of  this  ordi- 
nance. 

§330.  Definition  of  Terms.  (Sec.  12)  Whenever 
the  word  ‘^solicitor”  is  used  in  this  ordinance  it 
shall  be  construed  to  apply  to  runner  or  porter  as 
well. as  solicitor. 

Whenever  the  word  ‘ ‘ person  ’ ^ is  used  it  shall  be 
construed  to  mean  person,  firm  or  corporation. 

§331.  Penalty.  (Sec.  13)  Any  person  violating 
any  of  the  provisions  of  this  ordinance  for  which  no 
other  penalty  has  been  provided  herein,  shall,  on 
conviction,  be  fined  in  any  sum  not  exceeding  three 
hundred  dollars,  and  in  addition  to  any  fine  assessed 
the  court  shall  have  authority  to  revoke  both  or 
either  the  license  of  the  person  convicted,  and  the 
authority  of  any  solicitor,  runner  or  porter  to  act 
under  any  license. 

Both  or  either  the  licensee  and  his  solicitor, 
runner  or  porter,  may  be  punished  as  hereinbefore 
provided  for  any  violation  of  the  provisions  of  this 
ordinance.  [Ord.  No.  811,  passed  June  17,  1910.] 


ARTICLE  22. 

OF  BUSINESS  SOLICITORS. 

§332.  Who  May  Solicit.  Solicitor  Defined. 

(Sec.  1)  No  person  shall  act  as  a business  solicitor 
on  the  streets,  avenues  or  alleys  of  the  city  or  on  the 
public  parks,  grounds  or  boulevards  owned  by  the 
city,  without  first  having  obtained  authority  there- 


195 


foi*,  and  without  he  shall  he  the  representative  of  a 
business  duly  licensed  to  l)e  represented  by  a solic- 
itor. The  term  “business  solicitor”  shall  include 
all  ])ersons  who  ask  or  solicit  patronage  or  business, 
or  who  distribute  any  character  of  ])rinted  matter 
for  the  i)nr])ose  of  securing  patronage  for  any  and 
every  kind  and  character  of  l)usiness,  occupation, 
])rofession,  trade,  entertainment,  amusement,  or  re- 
sort conducted  or  operated  for  private  gain,  profit 
or  advantage.  It  shall  not  include  those  who  ask 
or  solicit  patronage  for  public,  religious,  or  charita- 
l)le  institutions  conducted  solely  in  the  interest  of 
the  public  or  of  charity,  or  those  who  distribute 
literature  of  such  institutions.  Nor  shall  it  include 
those  persons  who  have  been  licensed  or  granted 
concessions  by  the  park  commission,  while  said  per- 
sons are  soliciting  on  the  public  parks,  boulevards, 
and  other  grounds  over  which  said  commission  has 
control  and  jurisdiction.  And  it  shall  not  include 
hotel  solicitors,  runners  or  porters  who  shall  con- 
tinue to  be  subject  to  the  ordinances  heretofore 
passed  relating  to  them. 

§333.  License  Applications.  Penalty  for  False 
Statement.  (Sec.  2)  Any  person  who  wishes  to  act 
as  business  solicitor  himself  or  to  have  some  other 
person  act  as  his  business  solicitor  for  the  purpose 
of  soliciting  patronage  on  the  streets,  avenues  and 
alleys  of  the  city,  and  on  the  public  parks,  grounds 
and  boulevards  owned  by  the  city,  shall  make  appli- 
cation to  the  clerk  for  a license  to  have  his  business, 
(the  term  “business”  shall  include  any  trade,  occu- 
pation, pursuit,  calling,  or  x^rofession,  or  any  ]3lace 
of  entertainment,  amusement  or  resort  conducted, 
managed  or  operated  for  gain  or  advantage)  repre- 
sented by  a business  solicitor.  Such  application 
shall  state  the  name  of  the  applicant,  the  location  of 
the  place  of  business,  and  the  name  and  address  of 

196 


the  person  who  is  to  act  as  business  solicitor.  The 
application  shall  he  accompanied  by  a bond  to  the 
city  in  the  penal  sum  of  two  hundred  dollars  ($200) 
signed  by  one  or  more  sureties. 

Any  applicant  who  shall  make  any  false  state- 
ment in  his  application  to  the  clerk  for  a license, 
shall,  on  conviction,  be  fined  in  any  sum  not  less  than 
five  dollars  ($5)  nor  more  than  one  hundred  dollars 
($100),  and  may  have  his  license  revoked  by  the 
council. 

§334.  Council  Grant  or  Refuse  License.  (Sec. 
3)  The  clerk  shall  present  to  the  council  each  appli- 
cation filed  with  him,  as  herein  provided  for,  and 
the  council  may  grant,  or  refuse  to  grant,  a license 
to  the  applicant  and  his  business  solicitor  or  solic- 
itors. 

§335.  License  Fees.  (Sec.  4) In  all  cases  where 
the  council  grants  a license  and  the  mayor  approves 
the  bond,  the  clerk  shall  issue  a license  to  the  appli- 
cant upon  the  payment  of  an  annual  license  fee  of 
five  dollars  ($5)  for  each  and  every  business  solic- 
itor who  is  authorized  to  solicit  for  the  applicant’s 
place  of  business. 

§336.  The  License  Shall  Issue  to  Applicant. 

(Sec.  5)  The  license  shall  be  issued  to  the  applicant 
as  licensee  and  authorize  him  to  have  as  business 
solicitor  or  solicitors,  for  his  place,  the  person  or 
persons  named  in  his  application,  subject  to  the  pro- 
visions of  this  ordinance  and  the  rules  and  regula- 
tions made  by  the  chief  of  police  for  the  purpose  of 
carrying  into  effect  the  provisions  of  this  ordinance. 
The  business  solicitor  named  in  such  license  shall 
have  authority  to  solicit  business  for  the  licensee, 
while  in  his  employ,  in  accordance  with  the  provi- 
sions of  this  ordinance  and  the  rules  and  regulations 
adopted  as  herein  provided,  and  not  otherwise. 

197 


§337.  Licensee  May  Change  Solicitors.  (Sec. 

())  Any  ])erson  to  whom  a license  is  granted  may 
liave  the  authority  revoked  of  any  person  named  in 
his  license  as  business  solicitor,  and  have  some  other 
suitable  person  substituted  as  such  business  solicitor 
by  paying  one  dollar  to  the  city  clerk  and  furnishing 
proof  satisfactory  to  the  clerk  that  the  person  au- 
thorized to  solicit  for  him  is  no  longer  in  his  employ 
and  by  filing  with  the  clerk  an  application  in  writ- 
ing giving  the  name  of  the  person  to  be  substituted 
in  place  of  the  one  removed.  Thereupon  the  clerk 
shall  have  authority  to  authorize  the  person  desig- 
nated by  the  licensee  to  act  for  him  as  business  solic- 
itor, unless  such  person  has  been  disqualified  by 
judgment  in  the  police  court  from  acting  as  business 
solicitor  as  hereinafter  i^rovided.  Any  person  act- 
ing as  business  solicitor  after  his  authority  has  been 
revoked  and  before  he  has  been  re-appointed  by 
some  licensee  as  herein  provided,  shall,  on  convic- 
tion, be  fined  in  any  sum  not  exceeding  one  hundred 
dollars  ($100). 

It  shall  be  the  duty  of  every  licensee  to  immedi- 
ately notify  the  clerk  and  the  chief  of  police  of  the 
removal  of  any  business  solicitor  in  his  employ,  and 
every  licensee  shall  be  liable  for  a violation  of  any 
of  the  provisions  of  this  ordinance  by  the  business 
solicitor  named  in  his  license,  or  his  substitute,  until 
he  has  so  notified  the  clerk  and  the  chief  of  police 
of  said  removal. 

§338.  License  Expires  December  31.  (Sec.  7) 
Each  license  granted  under  this  ordinance  shall, 
unless  sooner  suspended  or  revoked,  expire  on  the 
31st  day  of  December,  next  after  the  issue  thereof. 

§339.  Badges.  (Sec.  8)  Every  person  licensed  , 
under  this  chapter  shall  receive  from  the  clerk  a 
badge,  on  which  shall  be  inscribed  his  number  and 
* 198 


proper  descriptive  words,  wliicli  bad^e  sliall  l)e  worn 
by  t]ie  solicitor  while  eiigai>‘ed  in  the  business  of 
soliciting,  on  the  ontside  of  liis  coat,  or  upon  his  hat 
or  cap,  conspicuously  exposed  so  as  not  to  be  hidden 
either  by  design  or  accident.  He  shall  j)ay  for  such 
badge  to  the  clerk  the  sum  of  one  dollar  ($1),  and 
at  the  expiration  of  his  license  or  upon  ceasing  to 
carry  on  the  business,  such  licensee  shall  return  his 
badge  to  the  clerk  and  receive  the  sum  paid  therefor. 

§340.  Where  Soliciting  is  Prohibited.  (Sec.  9) 
No  business  solicitor  shall  while  soliciting,  enter 
upon  the  platform  of  or  into  any  railroad  depot, 
nor  shall  such  person  while  soliciting  at  any  depot 
approach  nearer  to  said  depot  than  shall  be  desig- 
nated by  the  chief  of  police,  who  shall  establish  a 
line  or  place  where  solicitors  shall  stand,  and  it  shall 
be  unlawful  for  any  business  solicitor  while  solicit- 
ing in  the  vicinity  of  said  depot,  to  stand  at  any 
other  place  than  that  designated  by  the  chief  of 
police  for  solicitors.  No  business  solicitor  shall  do 
any  soliciting  within  a distance  of  twenty  (20)  feet 
of  the  corner  of  the  curb  at  any  street  intersection, 
or  on  any  sidewalk  at  a distance  of  more  than  two 
(2)  feet  from  the  curb  or  the  property  line  on  such 
sidewalk.  No  business  solicitor  shall  do  any  solicit- 
ing in  the  postoffice  building  or  at  or  near  any  of 
the  entrances  to,  or  on  the  sidewalk  around  said 
building. 

§341.  Regulations  Governing  Solicitors.  (Sec. 
10)  Every  person  acting  as  a business  solicitor  in 
this  city  shall  observe  the  following  regulations  in 
addition  to  the  other  provisions  of  this  ordinance 
and  the  police  regulations  of  the  city. 

Only  one  business  solicitor  shall  address,  s])eak 
to  or  solicit  patronage  of  a person  at  a time. 

No  solicitor  shall  interrupt  or  in  any  manner 
199 


interfere  with  or  impede  the  progress  of  any  ])erson 
whose  patronage  lie  is  soliciting. 

No  hnsiness  solicitor  shall  follow  any  ])erson 
whose  ])atronage  he  is  soliciting  for  the  ]mrpose  of 
('ontinning  or  renewing  his  solicitations. 

Business  solicitors  shall  not  gather  or  con- 
gregate in  groujis,  about  or  near  any  person  whose 
liatronage  is  desired,  hnt  all  business  solicitors  shall 
refrain  from  speaking  to  or  in  any  manner  address- 
ing any  ])erson  while  another  business  solicitor  is 
addressing  snch  person. 

No  business  solicitor  shall  call  out  in  a loud 
voice  the  name  of  the  place  he  represents,  or  talk  in 
a loud  manner,  or  make  any  unusual  noise,  or  in  any 
manner  vex,  harrass  or  annoy  any  person. 

No  business  solicitor  shall  make  any  false  state- 
ments to  any  one  whose  patronage  he  is  soliciting. 

No  business  solicitor  shall  in  any  manner  solicit 
])atronage  of  any  kind  for  any  person,  firm  or  cor- 
])oration  other  than  the  one  which  employs  him  as 
solicitor. 

No  business  solicitor  shall  be  guilty  of  any  un- 
civil, boisterous,  or  unseemly  conduct  while  engaged 
in  the  business  of  business  solicitor. 

§342.  Chief  of  Police  Make  Regulations.  (Sec. 
11 ) The  chief  of  police  hereby  is  authorized  to  make 
such  rules  and  regulations  as  may  be  necessary  to 
fully  carry  into  effect  the  provisions  of  this  ordi- 
nance, and  any  person  violating  any  of  the  rules  and 
regulations  so  made  by  the  chief  of  police  shall,  on 
conviction,  be  fined  not  less  than  five  nor  more  than 
twenty-five  dollars. 

§343.  Designation  of  Terms.  (Sec.  12)  Wher- 
ever the  word  ‘‘solicitor’^  is  used  in  this  ordinance 
it  shall  be  construed  to  apply  to  business  solicitor. 

200 


Wlieiiever  the  word  “person”  is  used  it  sJiall  be 
eoiistrued  to  mean  person,  hrm,  corporation,  or  as- 
sociation. 

§344.  Penalty.  (Sec.  13)  Any  person  violating 
any  of  the  provisions  of  this  ordinance  for  which  no 
other  })enalty  has  1)een  ]>rovided  herein,  shall,  on 
conviction,  be  fined  in  any  sum  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars,  and  any 
person  so  lined  hy  any  court  of  competent  jurisdic- 
tion may  have  his  license  revoked  by  the  council  and 
the  authority  of  any  person  to  act  as  business  solici- 
tor under  said  license  annulled  or  suspended.  Both 
or  either  the  licensee  and  his  business  solicitor  may 
be  i)unished  as  hereinbefore  provided  for  any  viola- 
tion of  the  provisions  of  this  ordinance. 

§345.  Repeal.  (Sec.  14)  All  ordinances  and 
parts  of  ordinances,  except  the  ordinances  relating 
to  hotel  solicitors,  in  conflict  with  any  of  the  pro- 
visions of  this  ordinance  are  hereby  re])ealed.  [Ord. 
No.  850,  passed  Aug.  9,  1911.] 


ARTICLE  23. 

OF  HOUSE  .MO\^ER’S  LICENSES,  PERMITS 
AND  REGULATIONS. 

§346.  House  Mover’s  License.  (Sec.  72)  No 
person  shall  engage  in  the  business  of  house  moving 
within  this  city  without  first  having  a license  so  to 
do.  Any  ]>erson  desiring  such  license  shall  make  ap- 
plication therefor  to  the  clerk.  Such  application 
^hall  be  in  writing  and  shall  state  the  name  and 
place  of  business  of  the  applicant.  Upon  so  doing 

20  T 


and  tli(‘  fi!iiii>’  of  a bond  to  the  city  in  the  sum  of  one 
tljonsand  dollars,  with  siieli  sureties  as  the  eouneil 
sliall  a])})i-ove,  eonditioned  that  the  a|)])lieant  will 
])ay  any  and  all  damages  which  may  he  caused  to 
any  iirojxudy,  pnidic  or  ])rivate,  and  wdll  save,  in- 
demnify and  protect  the  city  from  all  liability  of  any 
kind  (aiused  hy  the  moving-  of  any  house,  and  the 
iniynient  of  a fee  of  live  dollars,  the  clerk  may  issue 
such  li(‘ense  to  such  a])plicant.  All  such  licenses 
shall,  unless  sooner  suspended  or  revoked,  continue 
in  force  until  December  Ml  next  after  their  issue. 

§347.  Application  for  Permits.  (Sec.  73)  No 
])erson  exce])t  a licensed  house  mover,  shall  move 
any  building*  or  part  thereof,  along  any  of  the  streets 
of  this  ('ity  without  having  a permit  so  to  do.  Any 
])erson  desiring  such  ])ermit  shall  make  a))plication 
therefor  to  the  engineer.  Such  application  shall  be 
in  writing  and  shall  state  the  location  of  the  build- 
ing i)roposed  to  he  moved,  and  the  place  to  which  it 
is  to  l)e  moved,  whether  the  same  is  a dwelling  house 
or  other  l)uilding  and  the  number  of  rooms  in  such 
l)uilding;  shall  describe  the  route  over  which  the 
same  is  to  be  moved  and  the  length  of  time  that  will 
he  recjuired  to  move  it;  shall  designate  the  place  and 
number  of  wii-es  or  (‘aides  necessary  to  be  cut  and 
the  owners  of  such  wires  or  cables. 

Ph'ery  such  ap])lication  shall  l)e  accompanied  by 
a statement  of  the  owner  or  operator  of  any  wires 
or  (‘abl(‘s  to  be  (‘ut,  giving  an  estimate  of  the  cost  of 
(‘utting  and  re-uniting  the  same  and  such  other 
damage  as  may  accrue  to  the  ])roperty  of  such  owner. 
U])on  so  doing  and  the  deposit  by  the  applicant  with 
th(‘  engineer  of  a sum  of  money  sufficient  to  cover  the 
(‘ost  so  estimated  and  the  payment  of  the  fees  herein- 
after ])rovided,  the  engineer  may  issue  a permit  to 
su(‘h  a])]dicant  to  move  such  building  or  part  tliere- 

202 


of.  ])ermit  shall  designate  the  streets  and 

walks  and  to  wliat  extent  the  same  will  l)e  used  for 
tlie  purpose  of  moving  sneh  building  or  part  there- 
of, and  the  length  of  time  in  which  said  work  shall 
he  done.  No  wires  or  cables  shall  he  cut  for  the 
pnri)ose  of  permitting  houses  to  be  moved,  except 
by  the  owner  or  operator  thereof,  and  the  wires  of 
any  street  railway  company  may  only  be  exit  for  such 
purpose  between  the  hours  of  12  o’clock  midnight 
and  5 o’clock  in  the  morning.  The  deposit  herein 
required  to  be  made  or  so  much  thereof  as  may  be 
necessary  to  cover  the  actual  and  necessary  cost  of 
cutting  and  reuniting  such  wires  or  cables  and  other 
damages  incident  -thereto,  as  may  appear  by  a veri- 
fied, itemized  bill  of  such  owner  or  operator,  shall 
forthwith  upon  the  completion  of  the  restoration  of 
the  wires  or  cables  and  upon  the  approval  of  such 
bill  by  the  person  making  the  deposit,  be  paid  to  the 
owners  or  operators  thereof  and  the  balance  of  such 
deposit  returned  to  the  applicant. 

§348.  Fees  for  Permits.  (Sec.  74)  The  fees  for 
such  permits  shall  be:  For  each  dwelling  of  two 
rooms  or  less,  one  dollar,  and  fifty  cents  for  each  ad- 
ditional room.  For  each  building  other  than  a 
dwelling,  two  dollars. 

§349.  Trees  and  Poles.  (Sec.  75)  No  trees  shall 
be  removed  or  the  branches  thereof  cut  in  order  to 
allow  the  moving  of  a building,  except  with  the 
written  consent  of  the  engineer  and  mayor.  No  pole, 
wire  or  cable  shall  be  cut  or  removed  for  the  purpose 
of  moving  a Imilding,  except  with  the  written  con- 
sent of  the  owner.  If  such  owner  be  the  city,  the 
written  consent  of  the  engineer  and  mayor  shall  be 
required.  Such  consent  to  cut  such  wires  and  cables 
however,  shall  be  given  by  the  owner  upon  reason- 
able demand  and  the  deposit  to  cover  the  cost  of 

203 


and  siidi  wires  or  cables,  and  the 

|)aymeiit  for  damage  on  account  thereof  as  herein- 
before re(]uired. 

§350.  Penalty.  (Sec.  76)  Any  person  violating 
any  of  tlie  provisions  of  this  article  shall  be  fined 
not  less  than  twenty-five  nor  more  than  three 
hundred  dollars  for  each  offense.  [Ord.  780,  Art.  3, 
Cha]).  14,  passed  Apr.  3,  1907.] 


ARTICLE  24. 

OF  SIDEWALK  CONTRACTORS. 

§351.  License  and  Bond  Required.  (Sec.  1) 
That  it  shall  be  unlawful  within  the  city  of  Colorado 
S])rings  for  any  person  or  corporation  to  contract  to 
lay  a sidewalk  within  said  city  without  first  procur- 
ing a license  from  the  city  clerk  of  said  city  after 
filing  a bond  as  hereinafter  provided. 

§352.  License  Fee.  (Sec.  2)  The  license  fee  re- 
(juired  shall  be  five  dollars  ($5)  per  annum. 

§353.  Bond.  Amount.  Condition  of.  (Sec.  3) 
No  license  under  this  ordinance  shall  be  granted  un- 
less the  licensee  shall  file  with  the  city  clerk  a bond 
in  the  penal  sum  of  two  thousand  dollars  ($2,000) 
with  sureties  to  be  approved  by  the  city  council  and 
said  sureties  shall  justify  that  they  are  worth  in  the 
aggregate  four  thousand  dollars  ($4,000)  over  and 
above  all  their  just  debts  and  liabilities.  Said  bond 
conditioned  for  the  faithful  compliance  with  all  the 
ordinances  of  the  city  of  Colorado  Springs  relating 
to  the  construction  of  sidewalks  and  that  the  said 


204 


coiitraetor  sJiall  ]>ay  to  the  said  city  any  and  all 
damages  of  every  kind  caused  by  the  negligence  of 
said  (‘ontractor  in  the  construction  of  sidewalks 
within  the  city  limits  for  damage  from  lack  of 
pr()])er  protection  in  the  construction  of  said  side- 
walks or  from  the  non-compliance  with  any  of  the 
ordinances  of  said  city. 

§354.  Responsibility  of  Licensee.  (Sec.  4)  Such 
licensed  persons  shall  be  held  responsible  for  the  acts 
and  negligence  of  their  employes  and  agents. 

§355.  Penalty.  Offenses.  (Sec.  5)  Any  person 
or  corporation  who  shall  violate  any  of  the  pro- 
visions of  this  ordinance,  upon  conviction  shall  be 
fined  in  the  penal  sum  of  not  less  than  ten  dollars 
($10)  nor  more  than  one  hundred  dollars  ($100) 
for  each  offense,  and  every  day’s  business  without  a 
license  shall  constitute  a separate  offense.  [Ord. 
No.  768,  passed  Mar.  15,  1909.] 


ARTICLE  25. 

OF  PLUMBERS  AND  MASTER  PLUMBERS. 

§356.  Master  Plumbers.  License  Bond.  (Sec. 
297)  No  person  shall  engage  in  the  business  of 
plumbing  as  a master  or  employing  plumber  within 
this  city  without  a license  so  to  do.  Any  person 
having  a certificate  from  the  board  of  examiners, 
desiring  such  license,  shall  make  application  there- 
for to  the  clerk.  Such  application  shall  be  in  writing 
and  shall  state  the  name  of  the  applicant  and  the  lo- 
cation of  the  business.  Upon  so  doing,  and  the  pay- 


205 


meiit  of  a lic^eiise  fee  of  ten  dollars,  and  the  tiling  of 
a bond  as  herein  required,  the  elerk  may  issue  such 
license  to  such  a])})! leant,  and  the  same  shall,  unless 
sooner  sus])ended  or  revoked,  continue  in  force  for 
one  year  from  the  issue  thereof.  The  bond  required 
by  this  section  shall  run  to  the  city,  and  shall  be  in 
the  sum  of  two  thousand  dollars,  with  such  sureties 
as  the  council  shall  approve,  conditioned  for  the 
faithful  performance  of  the  duties  required  by  ordi- 
nance, rule  or  regulation  of  the  council,  and  that  he 
will  suitably  guard  and  protect  any  excavations  or 
obstructions  and  defend,  save  and  keep  harmless  and 
indemnify  the  city  of  and  from  all  actions,  suits, 
costs,  damages  and  expenses,  including  attorneys’ 
fees,  which  shall  or  may  at  any  time  happen  to  come 
to  it,  or  for  or  on  account,  of  any  injury  or  damage 
received  or  sustained  by  any  person,  caused  by  any 
negligence,  or  froin  any  unfaithful  or  inadequate 
work  done  under  his  license.  [Ord.  No.  730,  passed 
Apr.  3,  1907.] 


ARTICLE  26. 

(W  OWNERS,  DRIVERS  AND  OPERATORS  OF 
AUTOMOBILES,  MOTOR  CYCLES 
AND  BICYCLES. 

§357.  Speed  Regulations.  Penalty.  (Sec.  1) 

No  person  shall  o]>erate  or  drive  any  automobile  or 
motorcycle  u])on  or  along  any  street  or  other  public 
way  within  the  fire  limits  of  this  city  at  a speed 
greater  than  fifteen  (15)  miles  per  hour,  or  within 
this  city  outside  of  said  fire  limits,  at  a rate  of  speed 

2o6 


i>Teater  tlian  tweiity-tliree  (28)  miles  i)ei*  hour,  or 
past  any  street  intersection  or  in  turning-  any  corner, 
wlien  any  pedestrian  or  any  otlier  vehicle  is  on  or 
near  such  intersection  or  corner,  or  at  any  place 
where  any  person  is  about  to  enter  or  leave  any 
street  car  at  any  street  intersection,  at  a rate  of 
speed  greater  than  ten- (10)  miles  per  hour. 

Both  the  owner  and  the  operator  or  driver  of 
any  automobile  or  motorcycle  operated  or  driven  in 
violation  of  the  provisions  of  this  section  shall,  when 
such  violation  consists  of  so  operating  or  driving- 
such  automobile  or  motorcycle  within  the  fire  limits 
at  a rate  of  speed  greater  than  fifteen  (15)  miles  per 
hour,  or  ten  (10)  miles  per  hour  at  street  intersec- 
tions, and  not  more  than  twenty  (20)  miles  per  hour, 
or  within  this  city  and  outside  of  said  fire  limits  at 
a rate  of  speed  greater  than  twenty-three  (23)  miles 
per  hour  and  not  more  than  thirty  (30)  miles  per 
hour,  be  fined  not  less  than  five  dollars  ($5)  nor 
more  than  fifty  dollars  ($50),  and  for  a second  or 
an}^  subsequent  offense  not  less  than  twenty-five  dol- 
lars ($25)  nor  more  than  one  hundred  dollars 
($100). 

Both  the  owner  and  the  operator  or  driver  of 
any  automobile  or  motorcycle  operated  or  driven  in 
violation  of  the  provisions  of  this  section  shall,  on 
the  conviction  for  the  first  offense,  where  such  of- 
fense consists  of  so  operating  or  driving  any  auto- 
mobile or  motorcycle  within  the  fire  limits  of  this 
city  at  a rate  of  speed  of  over  twenty  (20)  miles  per 
hour,  or  within  this  city  outside  of  the  fire  limits  at 
a rate  of  speed  greater  than  thirty  (30)  miles  per 
hour,  be  fined  not  less  than  twenty-five  dollars  ($25) 
nor  more  than  one  hundred  and  fifty  dollars  ($150), 
or  imprisoned  in  the  city  jail  not  less  than  ten  (10) 
days  nor  more  than  thirty  (30)  days  or  shall  be 
|)unished  by  both  such  fine  and  imprisonment,  and 

207 


for  a socoiid  or  any  subscMinont  off’cniso  of  so  operat- 
iiii;'  or  (li‘ivini>-  any  antoniohile  or  inotoroycle  shall  be 
fined  not  less  than  lifty  dollars  (^50)  nor  more  than 
three  hundred  dollars  ($:)00),  or  imprisoned  in  the 
('ity  jail  not  less  than  ten  (10)  days  nor  more  than 
sixty  (00)  days,  or  shall  be  ])nnished  by  both  such 
tine  and  imprisonment,  in  addition  to  the  penalties 
provided  in  the  ])recedin^-  ])arai>raplis  of  this  sec 
tion,  the  court  may  revoke  or  susi)end  the  driver’s 
license  of  the  person  ('onvicted  if  such  license  has 
l)een  issued  by  the  city.  No  ])enalty  of  fine,  im- 
prisonment or  otherwise  shall  be  imposed,  however, 
upon  the  owner  of  any  automobile  or  motorcycle 
operated  or  driven  in  violation  of  the  provisions  of 
this  section  by  another  than  such  owner  if  such 
owner  furnishes  to  the  chief  of  police  or  commis- 
sioner of  public  safety,  either  voluntarily,  or  im- 
mediately upon  request,  satisfactory  proof  of  the 
name  of  the  person  who  was  operating  or  driving 
the  automobile  or  motorcycle  at  the  time  it  is 
claimed  any  of  the  provisions  of  this  ordinance  were 
violated,  or  if  such  owner  furnishes  satisfactory 
])roof  that  such  automobile  or  motorcycle  was  oper- 
ated at  the  time  without  his  permission  or  consent. 

§358.  Operator  to  be  Licensed.  Visitor’s  Per- 
mit. (8ec.  2)  No  person  shall  operate  or  drive  any 
automobile  or  motorcycle  upon  any  of  the  streets, 
roads,  or  driveways  in  public  places  within  the  city 
or  within  the  parks  belonging  to  this  city  and  out- 
side the  limits  thereof,  unless  such  person  shall  have 
first  obtained  a license  from  the  city  as  hereinafter 
provided,  authorizing  such  person  to  operate  or 
drive  such  automobile  or  motorcycle;  Provided,  how- 
ever, that  any  person  in  charge  of  any  automobile  or 
motorcycle  brought  to  the  city  temporarily  by  a 
visitor  and  having  a license  to  drive  such  vehicle 
from  any  other  municipality,  state  or  foreign  coun- 

2o8 


try,  shall,  upon  his  arrival  in  this  city,  lile'his  name 
and  home  address  and  his  address  in  this  city  and 
the  home  nninher  tag  of  his  automobile  or  motor- 
(*ycle  and  the  time  of  his  arrival  with  the  city  clerk, 
and  such  visitor  may  after  such  filing  drive  his  auto- 
mobile or  motorcycle  for  a period  not  exceeding- 
ninety  days,  without  obtaining  any  license  from  the 
city;  and  provided,  further,  that  this  section  of  this 
ordinance  shall  not  apply  to  any  person  who  then 
lawfully  holds  a driver’s  license  issued  to  such  per- 
son as  a paid  chauffeur  or  operator  under  the  laws 
of  the  state  of  Colorado.  Any  person  violating  any 
of  the  provisions  of  this  section  shall  be  fined  not 
less  than  five  dollars  nor  more  than  fifty  dollars  for 
each  and  every  offense.  [Ord.  No.  806,  passed  Apr. 
29,  1910,  as  amended  by  Ord.  No.  928,  passed  .Dec.  3, 
1913.] 

§359.  Board  of  Examiners.  (Sec.  3)  There  is 
hereby  created  a board  of  three  persons,  consisting 
of  the  chief  of  police,  the  city  clerk,  and  one  member 
to  be  selected  by  the  Colorado  Springs  Automobile 
Club,  whose  duty  it  shall  be  to  examine  all  persons 
desirous  of  operating  an  automobile  or  motorcycle 
in  this  city,  and  when  such  board  shall  be  satisfied, 
either  by  personal  examination,  personal  knowledge 
or  l)y  actual  exhibition  that  any  such  person  pos- 
sesses the  qualifications  necessary  to  operate  safely 
an  automobile  or  motorcycle,  the  said  board  or  any 
two  of  them  shall  give  to  said  person  a certificate, 
which,  upon  presentation  to  the  city  clerk  and  the 
payment  of  a fee  of  fifty  (50)  cents  shall  entitle  him 
to  a license  to  operate  an  automobile  or  motorcycle 
within  this  city,  or  on  such  roads  or  driveways  with- 
in the  parks  belonging  to  this  city,  and  outside  the 
limits  thereof  as  hereinafter  provided.  The  license 
fee  for  operators  is  to  be  in  addition  to  the  annual 


209 


license  fee  herein  recinired  for  each  automobile  or 
motor(*ycle.  The  ])oard  of  examiners  may,  after  the 
issuance  of  said  license,  on  good  cause  shown  that 
the  person  licensed  is  intemperate,  careless  or  un- 
reliable, or  incapable  of  operating  said  automobile 
or  motorcycle,  or  operates  the  same  in  a reckless  or 
improper  manner,  on  notice  to  such  person,  revoke 
or  sns])end  such  license  for  such  time  as  in  its  judg- 
ment may  seem  proper. 

§360.  Brakes,  Alarm  Bells,  Lamps.  (Sec.  4) 
Each  automobile  or  motorcycle  licensed  under  this 
chapter  shall  be  provided  with  good  and  sufficient 
brakes,  and  shall  be  equipped  with  an  alarm  bell, 
gong,  or  other  signal,  which  shall  be  sounded  at 
street  crossings,  and  wherever  and  whenever 
else  deemed  advisable  by  the  operator,  for  the 
purpose  of  notifying  pedestrians  or  others  of 
the  approach  of  such  vehicle,  and  to  avoid 
accidents  or  collisions.  Each  automobile  li- 
censed under  this  chapter  shall  carry  during  the 
time  it  is  being  operated  from  one-half  hour  after 
sunset  to  one-half  hour  before  sunrise,  two  lighted 
lamps,  showing  white  lights  visible  within  a rea- 
sonable distance  in  the  direction  towards  which  the 
automobile  is  proceeding,  and  one  lighted  lamp 
showing  a red  light  visible  in  the  reverse  direction, 
and  a lighted  lamp  throwing  a white  light  on  the 
number  wherever  required  to  be  displayed  on  such 
automobile  in  such  manner  as  to  make  such  number 
plainly  visible  and  legible,  during  the  hours  speci- 
fied. The  lamp  shall  be  so  placed  as  to  be  free  from 
obstruction  to  light  from  other  parts  of  said  auto- 
mobile. Any  person  violating  any  of  the  provisions 
of  this  section  shall,  on  conviction,  be  fined  not  less 
than  five  nor  more  than  twenty-five  dollars  for  each 
offense.  [Ord.  No.  806,  passed  Dec.  3,  1910.] 


210 


§361.  License  Fees.  Numbers.  (Sec.  5)  The 
term  ‘‘motor  vehicle^’  wherever  used  in  this  ordi- 
nance shall  include  all  vehicles  propelled  by  any 
power  other  than  animal  or  muscular,  except  cars 
of  electric  and  steam  railways  and  other  motor  vehi- 
cles running-  only  on  rails  or  tracks. 

The  owners  of  passenger  automobiles  used  for 
carrying  passengers  for  hire  in  the  city  or  from  the 
city  to  ])oints  outside  the  city,  shall  pay  such  license 
fees  as  are  now  or  may  hereafter  be  prescribed  by 
ordinance  to  be  paid  on  vehicles  used  for  carrying- 
passengers,  provided,  that  automobiles  which  are 
used  exclusively  by  the  owners  thereof  for  convey- 
ing- persons  from  this  city  over  a private  roadway 
owned  and  maintained  by  said  owners  to  points  of 
scenic  interest  shall  not  be  required  to  pay  such 
license  fees  as  are  required  for  vehicles  carrying- 
passengers  for  hire. 

Motor  trucks  and  other  motor  vehicles  used  as 
an  express,  dray,  transfer,  or  job  vehicle,  for  hire, 
for  which  business  is  solicited  on  the  public  high- 
ways or  at  the  depot  grounds  in  the  city,  shall  pay 
such  license  fees  as  are  now  or  may  hereafter  be  pre- 
scribed by  ordinance  to  be  paid  by  expressmen  and 
draymen.  ' 

Every  person  operating,  driving  or  in  charge  of 
any  motor  vehicle  within  the  limits  of  this  city  shall 
file  with  the  city  clerk  a statement  signed  by  him 
giving  the  name  of  the  owner,  the  name  of  each  per- 
son authorized  to  drive  or  operate  such  vehicle  in 
this  city,  the  license  and  number  of  said  vehicle,  the 
state  or  city  under  which  such  vehicle  is  licensed 
and  numbered,  the  make  of  such  vehicle  and  the  ad- 
dress both  within  and  (in  case  of  a non-resident) 
without  this  city  of  the  owner  or  operator  of  such 


211 


V(‘iri('l(‘.  Tliere  sliall  be  no  eliarg-e  for  filing  such 
statement.  [Ord.  No.  806,  passed  Apr.  29,  1910,  as 
amended  by  Ord.  No.  928,  passed  Dec.  3,  1913.] 

§362.  Keep  Machine  Quiet.  Stop  at  Request. 

(He('.  6)  No  ])art  of  any  automobile  or  motorcycle 
li(*ensed  under  this  chapter  sliall  be  permitted  to  run 
while  sndi  vehicle  is  standing  in  any  street,  alley  or 
public'  way  within  this  city,  without  an  attendant, 
and  no  ])erson  in  charge  of  such  vehicle  shall  open 
the  muffler  thereof  uiion  the  streets,  alleys  or  public 
ways,  except  at  such  place  where  necessary  to  ascend 
grade. 

Every  jierson  driving  or  operating  such  auto- 
inolhle  or  motorcycle  within  this  city  shall  at  the  re- 
quest or  signal  by  putting  up  the  hand,  of  a person 
driving  restive  horse  or  horses  or  domestic  animals, 
cause  such  vehicle  immediately  to  stop  and  remain 
standing  so  long  as  may  be  necessary  to  allow  such 
horses  or  domestic  animals  to  pass. 

Any  person  violating  any  of  the  provisions  of 
this  section  shall  be  fined  not  less  than  two  dollars 
nor  more  than  ten  dollars  for  each  offense. 

§363.  Not  to  Enter  Canons.  (Sec.  7)  No  auto- 
mobile or  motorcycle  shall  be  permitted  to  enter  or 
be  driven  in  any  of  the  canons  belonging  to  this  city, 
and  no  person  shall  drive  or  move  or  cause  to  be 
driven  or  moved,  any  automobile  or  motorcycle  with- 
in the  limits  of  Cheyenne  park,  except  on  such  roads 
or  ways  as  shall  be  designated  by  the  park  commis- 
sion. 

Any  person  violating  any  of  the  provisions  of 
this  section  shall  be  fined  not  less  than  ten  nor  more 
than  fifty  dollars  for  each  offense. 

§364.  Not  to  Permit  Unlicensed  Operators  to 
Run  Machine.  (Sec.  8)  No  person,  firm  or  corpora- 
tion, owning  or  controlling  any  automobile  or  motor- 


212 


cycle,  sliall  permit  or  cause  the  same  to  be  operated 
in  any  manner,  by  any  person,  unless  such  person 
operating'  and  using  the  same  shall  have  a x)ermit  as 
provided  in  this  ordinance,  and  such  person,  firm  or 
corporation,  shall,  whenever  requested  by  the  police 
authorities,  disclose  and  furnish  the  name  of  the 
person  oi^erating  at  any  time  or  place,  such  automo- 
bile or  motorcycle  owned  or  controlled  by  them  or 
either  of  them.  Any  person  violating  any  of  the  pro- 
visions of  this  section  shall,  on  conviction,  be  fined 
in  any  sum  not  exceeding  one  hundred  dollars. 

§365.  Automobiles,  Interference  With.  (Sec. 
9)  It  shall  be  unlawful  for  any  person  not  the  owner 
or  operator  thereof,  to  tamper,  meddle  or  interfere 
with  any  automobile  or  motorcycle,  or  to  start  or 
attempt  to  start  the  machinery  thereof  while  the 
same  is  standing  still,  or  to  puncture  or  otherwise 
mutilate  the  tires  or  to  scratch,  mark  or  otherwise 
deface  the  body  or  apparatus  thereof,  or  to  take  or 
remove  from  said  automobile  or  motorcycle  any  part 
or  portion  of  the  machinery,  equipment  or  other  por- 
tion thereof,  or  to  throw,  cast  or  hurl  any  stones, 
rock,  glass,  or  other  missile  at  any  automobile  or 
motorcycle  or  the  occupant  or  occupants  thereof. 
Any  person  violating  any  of  the  provisions  of  this 
section,  on  conviction,  shall  be  fined  in  a sum  not  less 
than  one  dollar  nor  more  than  one  hundred  dollars. 

§366.  Penalty.  (Sec.  10)  Any  person,  firm,  or 
corporation  violating,  disobeying,  neglecting  or  re- 
fusing to  comply  with  any  of  the  provisions  of  this 
ordinance,  where  a definite  penalty  is  not  otherwise 
provided,  shall,  on  conviction,  be  fined  not  less  than 
three  nor  more  than  one  hundred  dollars  for  each 
and  every  offense,  and  in  addition  thereto  may  have 
his  permit  or  license  revoked.  [Ord.  No.  806,  passed 
Apr.  29,  1910.] 


213 


§367.  Lights  on  Motorcycles  and  Bicycles.  (Sec. 
1 ) Eac]i  and  every  motorcycle  or  l)icycle  driven  or 
])i'0])elled  on  or  along-  any  street,  alley  or  public  way 
in  this  city  shall  at  any  time  after  dusk  and  before 
dawn  carry  a lighted  lamp  or  lamps  in  a conspicuous 
position  on  the  front  of  such  vehicle  whenever  in 
motion  upon  such  street,  alley  or  other  public  way. 

§368.  Penalty.  (Sec.  2)  Any  person  violating 
this  ordinance  shall,  on  conviction,  be  fined  in  any 
sum  not  less  than  one  nor  more  than  one  hundred 
dollars.  [Ord.  No.  926,  passed  Dec.  3,  1913.] 


ARTICLE  27. 

OF  lACENSES  AND  POLICE  REGULATIONS 

CONCERNING  DOGS  AND  KENNELS. 

§369.  License  Fee.  Tags.  Term  of  License. 
Penalty.  (Sec.  95)  Every  person  who  owns  or  keeps 
a dog  within  this  city  shall  procure  within  thirty 
days  after  the  first  day  of  April  of  each  year,  from 
the  treasurer,  a license  therefor.  The  application 
for  such  license  shall  state  the  name  and  address  of 
the  applicant  and  the  name  of  the  dog,  if  it  has  a 
]iame,  for  which  license  is  desired,  and  its  breed,  color 
and  sex.  Upon  such  application  being  filed  with  the 
treasurer  and  the  payment  of  a fee  of  two  dollars  for 
each  male  dog  and  five  dollars  for  each  female  dog, 
the  treasurer  shall  issue  a license  for  such  dog,  to- 
gether with  a metallic  check  or  tag  bearing  a number 
corresponding  to  that  of  the  license,  and  each  dog  so 
licensed  shall  be  provided  by  its  owner  or  keeper 
with  a collar  made  of  leather,  metal  or  other  sub- 
stantial material  to  which  the  license  tag  shall  be 

214 


securely  fastened.  Such  license  shall  ex))ire  on  the 
31st  day  of  March  next  after  its  issue  and  shall  not 
be  transferable,  and  any  ])erson  who  shall  fail  to 
have  a dog-  owned  or  kept  by  him  so  licensed,  shall 
be  fined  not  less  than  one  dollar  nor  more  than  ten 
dollars  for  each  offense  and 'each  day  after  convic- 
tion therefor  shall  be  deemed  a separate  offense. 

§370.  Duty  of  Police.  (Sec.  96)  If  any  dog  shall 
he  found  at  any  place  within  this  city,  other  than 
ii]:)on  the  premises  of  its  owner  or  keeper  without  a 
collar,  hearing  the  metallic  check  or  tag  herein  re- 
quired it  shall  he  the  duty  of  the  police  to  impound 
such  dog  and  any  dog  so  impounded  may  he  re- 
deemed hy  the  owner  or  keeper  upon  the  i)ayment  to 
the  chief  of  police  of  the  sum  of  one  dollar  as  an  im- 
pounding fee  and  in  addition  thereto,  the  license  fee 
herein  required  for  said  dog.  Any  dog  which  shall 
not  have  been  redeemed  within  three  days  from  the 
time  of  such  impounding,  may  at  once  thereafter  he 
sold  to  any  person  who  will  pay  the  license  and  the 
redemption  fee  herein  required,  together  with  such 
further  sum  as  the  chief  of  police  shall  fix  as  its 
reasonable  value,  which  purchas^i  price  shall  he  paid 
to  the  treasurer.  Any  dog  which  has  been  im- 
l)ounded  for  three  days  and  has  not  been  redeemed 
or  sold  as  herein  provided,  shall  he  killed  under  the 
direction  of  the  chief  of  ])olice  and  it  shall  he  the 
duty  of  the  chief  of  police  to  have  such  dog  so  killed, 
removed  and  buried  beyond  the  limits  of  the  city. 

§371.  Vicious  Dogs.  (Sec.  97)  If  any  danger- 
ous, fierce  or  vicious  dog  shall  he  found  at  large  in 
the  streets  or  public  ways  of  this  city  or  upon  the 
private  premises  of  any  other  ])erson  than  the  owner 
or  keeper  of  such  dog,  and  shall  there  annoy  or  en- 
danger any  person,  the  owner  or  keeper  of  such  dog 
shall  he  fined  not'  less  than  two  nor  more  than  ten 
dollars  for  the  first  offense’on  the  ])art  of  such  owner 

215 


or  kee])er  in  permitting-  such  dangerous,  fierce  or 
vicious  dog  to  be  so  at  large  and  upon  a second  or 
further  conviction  for  a further  or  similar  offense, 
such  owner  or  kee}>er  shall  he  fined  not  less  than  five 
nor  more  than  twenty-five  dollars  for  each  offense. 
Any  dangerous,  fierce  or  vicious  dog  running  at 
large  in  the  streets  or  public  places  of  the  city  or 
upon  the  private  premises  of  any  other  person  than 
the  owner  or  keeper,  and  any  dog  which  may  in  any 
manner  disturb  the  (piiet  of  any  person  or  neighbor- 
hood or  which  shall  bite  any  person  within  the  city, 
is  hereby  declared  to  be  a nuisance,  and  such  dog 
shall  be  taken  up,  impounded  and  disposed  of  in 
manner  herein  provided. 

Provided  however,  that  if  any  dangerous,  fierce 
or  vicious  dog  so  found  at  large,  cannot  safely  be 
taken  u])  and  impounded,  such  dog  may  be  killed  by 
any  policeman. 

§372.  Rabid  Dogs.  (Sec.  98)  Whenever  in  the 
opinion  of  the  mayor,  the  danger  to  public  safety 
from  rabid  dogs  is  imminent,  he  shall  publish  a 
proclamation,  requiring  all  persons  owning,  keeping 
or  harboring  any  dog  to  muzzle  the  same  or  confine 
the  same  not  less  than  thirty  days  nor  more  than 
ninety  days  from  the  date  of  the  proclamation,  by 
good  and  sufficient  means  to  the  house,  stable,  out- 
house or  yard,  within  his  premises  and  upon  issu- 
ance of  such  proclamation  by  the  mayor,  it  shall  be 
the  duty  of  all  })ersons  owning,  keeping  or  harbor- 
ing any  dog  during  the  time  specified  in  such 
proclamation  to  muzzle  the  same  or  to  confine  the 
same  by  good  and  sufficient  means  within  such  yard, 
house,  stable  or  outhouse. 

Any  person  violating  any  of  the  provisions  of 
this  section  shall  be  fined  not  less  than  ten  nor  more 
than  one  hundred  dollars  for  each  offense. 

216 


§373.  Female  Dogs.  (Sec.  99)  If  any  female  dog 
shall  be  foniid  niiining  at  large  within  this  city  while 
in  heat,  it  shall  be  the  duty  of  the  police  to  impound 
sncli  dog  and  such  dog  may  be  redeemed  by  the 
owner  or  kee])er  thereof  within  three  days  upon  the 
payment  to  tlie  treasurer  of  the  sum  of  five  dollars 
as  redemption  fee.  [Ord.  No.  730,  Chap.  16,  passed 
Apr.  3,  1907.] 

§374.  Kennels.  License  Required  for.  (Sec.  1) 
Every  owner  or  possessor,  whether  an  individual, 
firm  or  corporation,  owning,  possessing  or  keeping 
or  desiring  to  keep  and  maintain  within  the  cor- 
porate limits  of  this  city  a kennel  composed  of  not 
less  than  five  nor  more  than  twenty-five  dogs,  shall 
apply  for  and  obtain  from  the  city  clerk,  who  is 
hereby  authorized  to  grant  the  same  as  herein  pro- 
vided, a license  therefor  before  such  kennel  can  be 
kept  and  maintained. 

§375.  License  Fee  for  Kennels.  (Sec.  2)  The 
license  therefor  shall  be  the  sum  of  twenty-five  dol- 
lars ($25)  per  aiimim. 

§376.  Kennels  License,  How  Obtained.  (Sec. 
3)  Every  person,  firm  or  corporation,  desiring  to 
obtain  a license  as  provided  herein  shall  make  appli- 
cation therefor  in  writing  to  said  city  clerk,  stating 
the  name  of  the  applicant,  the  place  where  such  ken- 
nel is  to  be  located,  the  size  of  the  kennel  proposed 
to  be  kept,  and  shall  accompany  such  application 
with  the  written  consent  of  a majority  of  the  per- 
sons of  full  age,  residing  within  four  hundred  feet 
in  all  directions  from  the  place  where  such  kennel  is 
proposed  to  be  located  and  kept,  to  keep  and  main- 
tain such  kennel  at  the  place  stated.  Then,  upon  the 
payment  of  the  license  fee  as  herein  provided,  and 
upon  the  approval  of  the  commissioner  of  public 
health  and  sanitation,  which  approval  may  be  grant- 
ed in  the  discretion  of  such  commissioner,  such  clerk 

217 


sliall  issue  sik'Ii  lic'ouse.  Every  day  that  such  kennel 
is  ke])t  and  maintained  without  a license  therefor 
as  li(*reiu  ])i-ovided  shall  be  deemed  a separate  of- 
fense. 

§377.  Penalty.  (ISec.  4)  Any  person,  firm  or 
cor} )0 ration  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall,  upon  conviction,  be  tined  not 
less  than  ten  dollars  ($10)  nor  more  than  one  hun- 
dred dollars  ($100)  for  each  and  every  offense.  [Ord. 
No.  924,  ])assed  Dec.  3,  1913.] 


ARTICLE  28. 

OF  LICENSE  TAN  ON  TELEPHONE,  TELE- 
GRAPH, ET.ECTRIC  LIGHT,  STREET  RAIL- 
AVAY  AND  POWER  POLES  AND  WIRES. 

§378.  Inspection  and  Supervision.  (Sec.  1)  It 
is  hereby  made  the  duty  of  the  police,  fire,  forestry, 
and  electri(‘al  de])artments  and  the  department  of 
imblic  works  and  })ro])erty  of  the  city  to  inspect, 
examine,  su])ervise  and  see  that  all  telegraph,  tele- 
phone, electric  light,  street  railway  and  ])ower  ])oles 
erected  or  maintained  in  or  along  the  streets,  ave- 
nues and  alleys  of  the  city,  and  on  any  |)ul)lic  ground 
or  })lace  owned  by  the  city,  are  erected  and  main- 
tained in  a (‘ondition  that  will  safeguard  and  })rotect 
the  life,  limb  and  ])ro])erty  of  the  inhabitants  of  the 
city  and  those  owning  }n*operty  therein.  And  for 
this  })ur|^ose  said  de])artments  shall  also  inspect,  ex- 
amine and  su})ervise  all  wires,  wherever  situated, 
owned  by  any  corporation,  firm,  association  or  }3er- 
son  engaged  in  o])erating  any  telegraph  or  tele])Iione 
line  or  lines  in  the  city,  or  in  furnishing  electric 

*2i8 


or  electric  power  or  operating*  any  street  rail- 
way in  the  city. 

§379.  Amounts  of  Tax.  Pole  District.  (Sec.  2) 
All  electric  light,  heat  and  ])ower,  street  railway, 
telephone,  telegraph  corporations,  associations,  firms 
or  persons  owning  wooden  poles  now  erected  in  any 
street,  avenue,  alley  or  public  grounds  within  the 
corporate  limits  of  the  city  of  Colorado  Springs  on 
which  wires  or  cables  are  placed  or  strung  for  the 
purpose  of  transmitting  electric  current  for  light, 
heat  or  power,  or  for  telephone,  telegraph,  messenger 
call  or  clock  service  shall  pay  the  city  of  Colorado 
Springs  annually  for  inspection  as  provided  for  in 
section  1 of  this  ordinance  and  for  all  expenses  to  the 
city  caused  thereby,  the  sum  herein  fixed,  to-wit: 
Two  dollars  and  fifty  cents  ($2.50)  for  each  and 
every  pole  erected  and  maintained  within  the  dis- 
trict bounded  as  follows:  Beginning  at  a point  on 

AVeber  street  where  the  east  property  line  intersects 
the  north  property  line  of  Platte  avenue,  mnning 
thence  south  along  the  east  property  line  of  AVeber 
street  to  the  south  property  line  of  A'ermijo  ave- 
nue; thence  west  along  the  south  property  line  of 
\5ermi]0  avenue  to  the  west  property  line  of  Sierra 
Madre  street;  thence  north  along  the  west  property 
line  of  Sierra  Madre  street  to  the  north  property 
line  of  Bijou  street;  thence  easterly  along  the  north 
property  line  of  Bijou  street  to  the  west  property 
line  of  Cascade  avenue;  thence  north  along  the  west 
property  line  of  Cascade  avenue  to  the  north  prop- 
erty line  of  Platte  avenue;  thence  east  along  the 
north  property  line  of  Platte  avenue  to  the  point  of 
beginning.  Said  above  described  district  is  hereby 
designated  ^‘Pole  District  No.  1.” 

One  dollar  and  fifty  cents  ($1.50)  for  each  and 
every  pole  erected  and  maintained  outside  of  the 


219 


al)()ve  defined  district  and  within  the  district  bound-  ' 
ed  as  follows:  Beginning  at  a point  on  Cache  la 

Poudre  street,  where  the  north  property  line  inter- 
sects with  the  east  })roperty  line  of  El  Paso 
street,  running  thence  south  along  the  east  prop- 
erty line  of  El  Paso  street  to  the  south  property 
line  of  Moreno  avenue,  thence  west  along  the  south 
])roperty  line  of  Moreno  avenue  to  the  west  property 
line  of  Conejos  street;  thence  north  along  the  west 
property  line  of  Conejos  street  to  the  south  property 
line  of  Costilla  street;  thence  west  along  the  south 
property  line  of  Costilla  street  to  the  west  property 
line  of  Walnut  street;  thence  north  along  the  west 
property  line  of  Walnut  street  to  north  property  line 
of  Platte  avenue;  thence  east  along  the  north  prop- 
erty line  of  Platte  avenue  to  the  west  property  line 
of  Walnut  street;  thence  north  along  the  west  prop- 
erty line  of  Walnut  street  to  the  north  property  line 
of  the  Mesa  road;  thence  east  along  the  north  prop- 
erty line  of  the  Mesa  road  and  Cache  la  Poudre  street 
to  the  point  of  beginning.  Said  above  described  dis- 
trict is  hereby  designated  “Pole  District  No.  2.” 

Seventy-five  cents  ($.75)  for  each  and  every  pole 
erected  and  maintained  outside  of  the  above  defined 
districts  and  within  the  corporate  limits  of  the  city 
of  Colorado  Springs.  Said  above  described  district 
is  hereby  designated  “Pole  District  No.  3.’’ 

(a)  All  of  said  corporations,  firms,  associa- 
tions and  persons  owning  open  suspended  wires  in 
the  city  used  for  carrying  electric  current  for’light, 
heat  or  power  purposes,  shall  pay  the  city  annually 
for  the  inspection  of  such  wires  as  is  herein  provided 
and  for  all  expense  to  the  city  caused  thereby,  the 
following  amounts,  to-wit: 

One  dollar  and  fifty  cents  ($1.50)  for  each  and 
every  mile  or  major  fraction  thereof  of  open  sus- 

220 


pended  wire  having  a.  voltage  of  100  volts  and  less 
than  550  volts. 

Two  dollars  and  fifty  cents  ($2.50)  for  each  and 
every  mile  or  major  fraction  thereof  of  open  sus- 
pended wire  having  a voltage  of  550  volts  and  less 
than  3,500  volts. 

Five  dollars  ($5)  for  each  and  every  mile  or 
major  fraction  thereof  of  open  suspended  wire  hav- 
ing a voltage  of  3,500  volts’  and  over. 

(b)  All  of  said  corporations,  firms,  associations 
and  persons  owning  open  suspended  wires  or  cables 
in  the  city  used  for  telephone,  telegraph,  messenger 
call  or  clock  service,  shall  pay  to  the  city  annually 
for  the  inspection  of  such  wires  as  is  herein  pro- 
vided, and  for  all  expense  to  the  city  caused  thereby, 
the  following  amounts,  to-wit: 

Fifty  cents  ($.50)  for  each  and  every  mile  or 
major  fraction  thereof  of  open  suspended  wire. 

Five  dollars  ($5)  for  each  and  every  mile  or 
major  fraction  thereof  of  open  suspended  cable  con- 
taining 100  pairs  or  less  of  conductors. 

Eight  dollars  ($8)  for  each  and  every  mile  or 
major  part  thereof  of  open  suspended  cable  con- 
taining over  101  pairs  of  conductors  and  less  than 
201  pairs  of  conductors. 

Ten  dollars  ($10)  for  each  and  every  mile  or 
major  fraction  thereof  of  open  cable  containing  201  or 
more  pairs  of  conductors. 

All  of  said  corporations,  firms,  associations  and 
persons  owning  underground  wires  in  the  city  used 
for  carrying  electricity  for  light,  heat  or  power  pur- 
poses shall  pay  to  the  city  annually  for  such  inspec- 

221 


tioii  and  for  all  expenses  to  the  city  caused  thereby 
for  sncli  underground  wires  twenty-five  per  centum 
of  the  amount  above  fixed  to  he  paid  for  open  sus- 
])ended  wires  having  like  voltage. 

All  of  said  corporations,  firms,  associations  and 
Iversons  owning  underground  wires  or  cables  used 
for  tele]fiione,  telegraph,  messenger  call  and  clock 
service  shall  pay  to  the  city  annually  for  such  inspec- 
tion and  for  all  expenses  to  the  city  caused  thereby 
for  such  underground  wires  and  cables  twenty-five 
])er  centum  of  the  amount  above  fixed  to  he  paid  for 
o]ien  suspended  wires  used  for  like  purposes. 

§380.  Statements  and  Payments.  (Sec.  3)  The 
principal  officer  or  agent  located  in  Colorado 
S])rings,  of  each  and  every  corporation,  firm,  asso- 
ciation and  ])erson  aforesaid,  shall  during  the  month 
of  August  in  1913,  and  during  the  month  of  August 
of  each  year  thereafter  file  with  the  city  auditor  a 
statement  in  writing  under  oath,  specifying  the 
number  of  poles  owned  by  him,  or  by  his  corpora- 
tion, firm,  association  or  person  in  each  of  the  dis- 
tricts above  described  designated  as  pole  districts 
Nos.  1,  2 or  3,  and  shall  file  with  the  city  auditor  a 
statement  in  writing  under  oath,  specifying  the  volt- 
age and  the  numher  of  miles  of  open  suspended  and 
underground  wires,  and  fraction  thereof,  owned  by 
him  or  it  in  the  streets,  avenues,  alleys  and  public 
grounds  of  the  city  used  for  carrying  electricity  for 
light,  heat  or  power  purposes;  also  the  number  of 
miles  and  major  fraction  thereof,  of  suspended  and 
underground  wires  and  cables  and  the  number  of 
])airs  of  conductors  in  each  such  cable,  owned  by  him 
or  it  in  the  streets,  avenues,  alleys  and  public  grounds 
of  the  city  and  used  for  telephone,  telegraph,  mes- 
senger call  or  clock  service;  and  said  corporation, 
firm,  asso(‘iation  or  ])erson,  shall,  at  the  same  time, 

222 


pay  to  the  city  treasurer,  for  the  use  of  said  city,  the 
sum  hereinbefore  fixed  for  each  and  eveiy  pole  and 
each  and  every  mile  and  major  fraction  thereof  of 
such  open  suspended  and  underground  electric  wires 
and  cables,  for  the  year  then  commencing*  on  the 
first  day  of  August. 

§381.  Incorrect  Statements.  Duty  of  Commis- 
sioner of  Finance.  (Sec.  4)  If  the  commissioner  of 
finance  shall  not  be  satisfied  of  the  correctness  of 
any  statement  so  made  by  such  officer  or  agent,  he 
shall  have  the  power  to  require  such  officer  or  agent 
to  appear  before  him  with  the  books  and  papers  of 
the  corporation,  firm,  association  or  person,  and  sub- 
mit to  an  examination  concerning  the  matters  afore- 
said; and  said  commissioner  of  finance  shall  have 
full  power  to  make  or  cause  to  be  made  such  exam- 
ination and  investigation  of  the  poles,  wires,  and 
cables  owned  or  used  by  said  corporation,  firm,  as- 
sociation or  person,  and  of  any  and  all  matters  per- 
taining thereto  as  shall  enable  him  to  satisfy  himself 
of  the  correctness  of  said  statement;  and  if  it  shall 
be  ascertained  to  the  satisfaction  of  said  commis- 
sioner on  such  examination,  or  in  any  other  manner, 
that  such  officer,  or  agent,  has  not  returned  a full 
and  true  statement  as  herein  required,  he  shall  order 
the  corporation,  firm,  association,  or  person  to  pay  to 
the  city  forthwith  the  deficiency  ascertained  by  him 
to  be  due  the  city  under  the  provisions  of  this  ordi- 
nance. 

§382.  Penalty.  (Sec.  5) Any  corporation,  firm, 
association  or  person,  or  the  principal  officer,  or 
agent  thereof,  in  Colorado  Springs,  who  shall  violate 
any  of  the  provisions  of  this  ordinance,  shall,  upon 
conviction,  be  fined  not  less  than  fifty  dollars  ($50) 
nor  more  than  five  hundred  dollars  ($500)  for  each 
offense;  and  every  day’s  refusal  or  neglect  to  pay 
the  city  the  full  amount  aforesaid,  shall  constitute  a 

223 


sej)i)rate  offense.  And  the  said  city  shall  have  the 
furtli(‘r  right  to  collect  any  sum  due  it  under  this 
ordinance  by  suit  in  any  court  of  record.  [Ord.  No. 
91d,  passed  July  30,  1913.] 


ARTICLE  29. 

OF  LICENSES,  PERMITS  AND  REGULATIONS 
FOR  THE  SALE  OF  INTOXICATING 
LIQUOR. 

§383.  Sales  Unlawful,  Except  as  Authorized. 

(Sec.  1)  It  shall  be  unlawful  for  any  person  to  sell, 
exchange  or  barter,  whether  or  not  under  pretext  of 
giving  away  or  under  any  other  pretext  whatsoever, 
or  to  serve  in  or  at  any  public  place  or  place  of  pub- 
lic resort,  any  intoxicating  liquor  in  any  quantity 
whatever  within  the  juristiction  of  the  city  of  Colo- 
rado Springs  (hereinafter  termed  ^‘the  city’’),  ex- 
ce]A  as  authorized  by  the  provisions  of  this  or- 
dinance. 

§384.  Council  May  License.  (Sec.  2)  The  coun- 
cil may,  at  its  discretion,  grant  licenses  relating  to 
intoxicating  liquor,  only  to  the  persons  herein 
designated,  and  upon  the  terms  and  conditions  and 
in  the  manner  herein  stated. 

§385.  Who  May  Be  Licensed.  (Sec.  3)  Li- 
censes may  be  granted  hereunder: 

(a)  To  the  owners  of  prescription  pharmacies 
to  sell  intoxicating  liquor  between  the  hours  of  7 

224 


a.  ni.  and  12  midniglit  in  (quantities  as  follows,  and 
not  otherwise:  Distilled  or.  spirituous  licquor  in 
bottles,  jugs  or  casks,  containing  not  less  than  one 
(quart  eacli;  malt,  vinous  and  fermented  liquor  in 
bottles,  jugs  or  casks,  containing  not  less  than  one 
q)int  each. 

(b)  To  incorporated  social  clubs,  or  to  social 
clubs  membership  in  which  is  confined  to  members  of 
a local  lodge  in  Colorado  Springs  of  a national  frater- 
nal order,  which  clubs  shall  have  been  in  existence 
and  in  active  oqDeration  continuously  for  a period  of 
five  (5)  years  immediately  prior  to  the  time  such 
license  is  granted,  to  sell  and  to  serve  intoxicating 
liquor,  only  to  their  respective  bona  fide  members 
and  bona  fide  out-of-town  guests. 

(c)  To  the  owners,  proprietors  or  lessees  of 
hotels  having  not  less  than  seventy-five  (75)  bed- 
rooms to  sell  and  serve  intoxicating  liquor  at  such 
hotels  to  their  respective  guests  only,  between  the 
hours  of  7 a.  m.  and  12  midnight,  and  to  such  guests 
only  when  such  intoxicating  liquor  is  served  and 
consumed  in  conjunction  with  bona  fide  meals. 

Provided,  that  the  council  may,  by  ordinance, 
further  limit  the  hours  during  which  intoxicating 
liquor  may  lawfully  be  sold  or  served  by  any  li- 
censee hereunder. 

§386.  No  Sale  on  Sunday  or  Election  Days. 

(Sec.  4)  It  shall  be  unlawful  for  any  licensee  here- 
under to  sell,  except  upon  prescription  as  hereinafter 
provided,  or  to  serve  any  intoxicating  liquor  during 
the  first  day  of  the  week,  commonly  called  Sunday, 
or  during  the  hours  within  which  any  state  or  city 
election  is  being  held  in  the  city. 

§387.  Procedure  to  Obtain  License.  (Sec.  5) 

225 


The  graiitiiii>*  of  a license  shall  not  be  considered 
until  the  person  desiring  such  license  shall  have  filed 
with  the  city  clerk  an  application  therefor,  together 
with  a ])etition,  and  shall  have  deposited  with  the 
city  clerk,  against  his  receipt  therefor  in  duplicate 
originals,  one  of  which  originals  shall  be  filed  with 
the  application,  such  sums  in  lawful  money,  or  duly 
certified  checks,  as  will  cover  the  appropriate  cash 
deposit,  license  fee  and  cost  of  publication,  all  as 
hereinafter  provided. 

§388.  Application.  (Sec.  6)  Every  application 
for  a license  shall  be  in  writing,  addressed  to  the 
council,  signed  by  the  applicant,  or  by  the  president 
and  the  secretary  thereof,  if  the  applicant  is  a corpo- 
ration or  a social  club,  and  shall  state: 

(a)  The  name  and  address  of  the  applicant, 
and  whether  applicant  is  an  individual,  a co-partner- 
ship, a coiporation,  or  a social  club. 

(b)  Facts  showing  that  the  applicant  is  a per- 
son to  whom  the  license  sought  may  be  granted  here- 
under. 

(c)  The  name  and  location  by  street  and  num- 
ber or  other  certain  designation  of  the  prescription 
pharmacy,  club,  or  hotel,  as  the  case  may  be,  at  which 
the  applicant  will  act  under  the  license. 

(d)  The  name  and  address  of  the  person  who 
will  actually  manage  the  prescription  pharmacy, 
club,  or  hotel,  at  which  the  applicant  will  act  under 
the  license. 

§389.  Petition.  (See.  7)  (a)  Every  application 
for  a license  for  a x^rescription  pharmacy  or  a hotel, 
shall  be  accompanied  by  a written  petition,  ad- 
dressed to  the  council,  asking  that  such  application 
be  granted,  signed,  in  person,  by  at  least  twenty-five 
(25)  resident  freeholders  of  the  city,  and  also  by  at 

226 


least  five  (5)  owners  of  real  property,  situate  in  the 
block  in  which  are  located  the  premises  at  which  the 
applicant  will  act  under  the  license;  Provided,  that 
an  agent  duly  authorized  in  writing  may  sign  on 
behalf  of  any  such  owners ; and  in  case  there  are  not 
as  many  as  five  (5)  such  owners  of  real  property  in 
such  block,  then  such  petition  shall  be  sufficient  if 
signed  by  at  least  twenty-five  (25)  resident  free- 
holders of  the  city,  and  by  all  the  owners  of  real 
property  in  said  block. 

(b)  In  case  such  application  is  made  by  a 
social  club,  then  such  petition  shall  be  signed  by  a 
majority  of  the  board  of  directors  of  said  club,  and 
by  twenty-five  (25)  resident  freeholders  of  the  city, 

(c)  Each  signer  of  said  petition  shall  write 
opposite  his  name  the  street  and  number  of  his  resi- 
dence, and  the  date  he  signed  the  same,  and  in  case 
he  is  the  owner  of  real  property  in  the  block  for 
which  the  license  is  sought,  he  shall  also  give  the 
street  and  number  or  other  certain  designation  of 
such  property. 

Every  applicant  shall  append  to  such  petition 
his  affidavit  that  the  signatures  on  said  petition  are 
genuine,  that  each  signer  signed  the  same  on  the 
date  set  opposite  his  name,  that,  to  the  best  of  his 
knowledge  and  belief,  the  persons  so  signing  as  resi- 
dent freeholders  of  the  city  were  such  at  the  time  of 
signing;  and  the  parties  acting  as  agents  of  owners 
were  such  at  the  time  of  signing. 

If  the  applicant  be  a corporation,  then  such  affi- 
davit shall  be  made  by  an  officer  thereof. 

§390.  Cash  Deposit.  (Sec.  8)  Every  applicant  * 
for  a license  for  a prescription  pharmacy,  a hotel,  or 
a club,  shall  deposit  with  the  city  clerk  the  sum  of 
three  hundred  dollars  ($300),  and  shall  file  at  the 

227 


same  time  with  the  city  clerk  a written  agreement, 
(Inly  executed,  to  the  effect  that  applicant  will  not 
violate,  either  directly  or  indirectly,  any  of  the  pro- 
visions of  this  ordinance,  and  that  in  the  event  any 
lines  and  costs  on  account  of  any  violation  of  the 
])rovisions  hereof  are  assessed  against  him,  the  coun- 
cil may  apply  the  sum  so  deposited,  or  any  part 
thereof,  to  the  payment  of  such  fines  and  costs. 

This  remedy  shall  be  cumulative  and  in  addition 
to  the  usual  remedies  for  collecting  fines. 

Upon  the  refusal  of  the  council  to  grant  such 
application,  the  sum  so  deposited  shall  be  returned 
to  the  applicant.  Upon  the  expiration  of  any  license 
through  lapse  of  time,  or  upon  its  revocation  under 
the  provisions  of  subdivision  ‘‘a’’  of  section  18  here- 
of, said  sum  so  deposited,  or  so  much  thereof  as  may 
remain,  shall  be  returned  to  the  applicant,  together 
with  interest  on  the  sum  so  returnable,  at  the  rate  of 
five  (5)  per  centum  per  annum  from  the  date  of  is- 
suance of  the  license. 

§391.  Notice  and  Hearing.  (Sec.  9)  (a)  If,  upon 
examination  of  any  application  and  petition,  the 
council  shall  find  the  same  to  be  not  substantially  in 
accord  with  the  requirements  of  this  ordinance,  the 
council  shall  either  deny  the  same,  or  return  the  de- 
fective application  or  petition  to  the  applicant  for 
correction. 

(b)  If,  upon  examination  of  any  application 
and  petition,  either  as  originally  filed  or  as  re-filed 
after  correction,  the  council  shall  find  the  same  to  be 
substantially  in  accord  with  the  provisions  of  this 
ordinance,  the  council  may  either  deny  the  same,  or 
may,  and  before  granting  such  application  and  peti- 
tion shall,  cause  to  be  given  by  publication  at  least 
twice  in  any  newspaper,  published  daily,  or  daily 

228 


except  Sunday,  in  the  city,  not  less  than  ten  days 
before  the  date  fixed  for  the  hearing  thereof,  notice 
of  such  application,  setting  forth  a copy  thereof  and 
the  date  of  filing,  and  stating  the  day  and  hour  when 
such  application  and  objections  thereto,  if  any,  will 
be  heard  and  considered  by  the  council. 

Objections  thereto  shall  be  in  writing,  signed  by 
the  objector,  and  filed  with  the  city  clerk  before  the 
time  fixed  for  the  hearing. 

At  such  hearing,  or  at  any  adjournments  thereof 
to  a fixed  time,  the  council  shall,  under  such  appro- 
priate regulations  as  it  may  impose,  hear  such  evi- 
dence and  arguments  as  may  be  offered  for  and 
against  the  granting  of  such  application.  The  de- 
cision of  the  council,  as  to  whether  any  application 
shall  be  granted  or  denied,  shall  be  final. 

(c)  The  applicant,  at  the  time  of  filing  his  ap- 
plication, shall  deposit  with  the  city  clerk  an  amount 
sufficient  to  pay  the  cost  of  publishing  such  notice. 

§392.  Restriction  as  to  Number  of  Pharmacy 
Licenses.  (Sec.  10)  Licenses  to  sell  intoxicating 
liquor  at  prescription  pharmacies  shall  be  limited  in 
number  so  as  not  to  exceed  one  such  license  for  every 
two  thousand  in  population  of  the  city  as  determined 
by  the  last  preceding  federal  census. 

§393.  Time  for  Which  Granted.  (Sec.  11)  (a) 
All  licenses  shall  run  for  one  year  from  the  date  of 
issuance,  except  as  herein  provided. 

(b)  During  the  period  between  the  taking  ef- 
fect of  this  ordinance  and  the  first  day  of  August, 
1911,  both  inclusive,  the  council  may  grant  and  cause 
to  be  issued  to  the  owners  of  prescription  pharma- 
cies, licenses  as  hereinabove  provided,  to  expire  on 


229 


such  dates  as  may  be  specified  in  said  licenses,  re- 
spectively, being*  not  less  than  six  months  nor  more 
than  fourteen  months  from  the  date  of  issuance,  re- 
spectively, such  dates  of  expiration  to  he  at  least 
fourteen  days  apart. 

(c)  After  August  1,  1911,  all  licenses  to  the 
owners  of  prescription  pharmacies  shall  be  for  the 
term  of  one  year  from  the  date  of  issuance,  and  no 
such  license  shall  be  granted  or  issued,  which  by  its 
terms  will  expire  within  fourteen  days  of  the  date  of 
expiration  of  any  other  pharmacy  license  then  out- 
standing, nor  shall  more  than  one  application  for 
any  such  license  be  heard  or  granted  in  any  one  day. 

(d)  When  a license  is  granted,  under  subdivi- 
sion ^‘b”  oi  this  section,  for  a period  exceeding  one 
year,  the  applicant  to  whom  such  license  is  granted 
shall,  before  the  issuance  of  the  same,  pay  to  the  city 
clerk,  in  addition  to  the  license  fee  already  paid,  such 
sum,  for  the  period  in  excess  of  one  year,  as  shall  be 
a proportionate  amount  of  the  yearly  license  fee; 
and  when  a license  is  granted  for  less  than  a year 
under  said  subdivision  ‘ ‘ b,  ’ ’ a proportionate  amount 
of  the  annual  license  fee  deposited  shall  be  refunded 
to  every  applicant  whose  license  shall  run  for  less 
than  a year. 

(e)  An  application  for  the  renewal  of  any 
license  may  be  filed  not  more  than  thirty  days  before 
the  expiration  of  such  license,  and  such  application 
may  be  granted,  as  of  the  date  of  expiration  of  the 
outstanding  license,  not  more  than  ten  days  before 
the  expiration  of  such  license. 

§394.  License  Fees.  (Sec.  12)  The  respective 
fees  for  licenses  shall  be  as  follows: 

For  i)rescription  pharmacies,  twelve  hundred 
dollars  ($1,200)  per  annum. 


230 


For  chibs,  five  hundred  dollars  ($5()0)  ]>er  an- 
num. 

For  hotels  having*  not  less  than  sevent,v-five  (75) 
nor  more  than  one  hundred  forty-nine  (i49)  bed- 
rooms, five  hundred  dollars  ($500)  per  annum. 

For  hotels  having-  one  hundred  fifty  (150)  or 
more  bedrooms,  one  thousand  dollars  ($1,000)  per 
annum. 

Provided,  that  the  council  may  from  time  to 
time  fix,  by  ordinance,  the  fees  for  any  class  of 
licenses  at  an  amount  greater  than  herein  estab- 
lished. 

§395.  How  Signed,  and  to  be  Conspicuously 
Posted.  (Sec.  13)  Every  license  hereunder  shall  be 
signed  by  the  mayor  and  attested  by  the  city  clerk 
under  the  seal  of  the  city;  and  the  licensee  therein 
named  shall  keep  such  license  displayed  at  all  times 
while  it  is  in  force,  in  a conspicuous  and  accessible 
place  and  position  in  the  room  or  place  for  which  the 
same  has  been  granted,  so  that  any  person  desiring 
so  to  do  may  readily  inspect  and  read  such  license. 

§396.  Transfer  of  License.  (Sec.  14)  No  license 
shall  be  transferred  unless  and  until  j^ermission 
therefor  is  given  by  the  council. 

The  requirements  and  ])roceedings  upon  an  ap- 
plication for  a transfer  of  any  license  shall  be  the 
same  as  required  for  the  original  granting  thereof, 
except  that  the  application  shall  state,  in  addition 
to  the  other  matters  required,  the  name  of  the  orig- 
inal licensee,  and  the  date  when  such  license  expires, 
and  shall  have  the  consent  of  the  original  licensee,  to 
such  transfer,  endorsed  thereon;  Provided,  that  no 
license  fee,  in  addition  to  that  paid  by  the  original 
licensee,  shall  be  required.  ■ - 


231 


§397.  Qualifications  for  License  for  Prescrip- 
tion Pharmacy.  (Sec.  15)  An  applicant  for  a license 
to  sell  intoxicating*  li(|uor  at  a prescription  pharmacy 
shall  satisfy  the  council  that  he  owns  fixtures  worth 
not  less  than  eight  hundred  dollars  ($800),  and 
drugs  and  druggists’  sundries,  exclusive  of  intoxi- 
cating liquor,  worth  not  less  than  thirty-five  hundred 
dollars  ($3,500);  which  fixtures,  drugs  and  drug- 
gists’ sundries  shall  be  on  the  premises  at  which 
the  applicant  will  act  under  the  license. 

§398.  All  Drug  Stores  Must  Obtain  Permit. 

(8!ec.  16)  It  shall  be  unlawful  for  any  person,  from 
and  after  the  tenth  day  of  May,  1911,  to  conduct  a 
pharmacy  or  drug  store  within  the  jurisdiction  of 
the  city  without  first  having  obtained  a permit  from 
the  city  so  to  do. 

Such  permits  may  be  granted  by  the  council 
upon  written  application  therefor,  stating: 

(1)  The  name  and  address  of  the  applicant. 

(2)  The  street  and  number  or  other  certain 
designation  of  the  place  where  applicant  will  act 
under  the  permit. 

(3)  The  name  and  address  of  the  registered* 
pharmacist  who  is  personally  to  manage  the  phar- 
macy or  drug  store  for  which  the  permit  is  sought, 
and 

(4)  That  such  pharmacist  is  duly  authorized  to 
practice  pharmacy  in  the  state  of  Colorado  under  the 
laws  thereof. 

Such  permits  shall  run  for  a period  of  one  year 
from  the  date  of  issuance,  and  the  fee  for  the  same 
shall  be  five  dollars  ($5)  for  each  pharmacy  or  dnig 
store. 


232 


§399.  Licenses  to  Other  Than  Individuals  to 
State  Name  of  Manager.  (Sec.  17)  Wlien  tlie  a|>pli- 
cant  for  a license  heremicler  shall  be  other  than  an 
individual,  the  aj)plication  shall  designate  the  active 
and  responsible  manager  of  the  prescri])tion  ])har- 
macy,  hotel,  or  clnb,  at  which  the  applicant  will  act 
under  the  license;  and  the  license,  if  granted,  shall 
rim  jointly  to  the  ai)])licant  and  to  the  person  so 
named  as  manager. 

When  the  person  named  as  manager  in  such 
license  shall  cease  to  act  as  such  manager,  the  license 
shall  terminate,  unless  the  following  proceedings  be 
had  within  the  times  herein  stated,  and  a {lermit  be 
issued  as  herein  provided.  Within  twenty-four  hours 
from  such  cessation,  written  notice  shall  be  given  to 
the  council,  by  the  other  party  to  the  license,  stating: 

(1)  That  the  person  named  as  manager  has 
ceased  to  act  in  that  capacity,  and 

(2)  The  name  and  address  of  the  ])erson  who  is 
acting  in  such  ca])acity. 

Within  twenty  days  from  such  cessation,  a man- 
ager shall  be  designated,  and  the  ])erson  so  desig- 
nated, together  with  the  other  ]iarty  to  the  license, 
shall  make  written  application  to  the  council,  asking 
that  the  name  of  such  person  so  designated  as  man- 
ager be  substituted  for  the  name  of  the  person 
theretofore  designated  as  manager  in  such  license. 
Hearing  upon  such  application  shall  be  had  after 
giving  public  notice  substantially  as  ])rovided  for 
hearings  upon  original  ap])lications  for  license.  The 
cost  of  giving  such  notice  shall  be  paid  by  the  appli- 
cants, and  a sum  sufficient  to  cover  such  cost  shall 
be  deposited  with  the  city  clerk  at  the  time  of  filing 
•such  application.  At  the  time  written  notice  is 
given  to  the  council  as  herein  provided,  the  council 


233 


ill  its  (lis(‘j‘etioii,  issue,  jointly  to  the  person 
i>'iving‘  siieli  noti(‘e  and  to  tlie  ])erson  who  is  therein 
stated  to  he  a(dini>-  as  nianag’er,  a permit  to  act  under 
the  li(‘eiise,  until  the  council  has  passed  nx)on  the 
a]^pli cation  to  sniistitnte,  herein  provided  for;  which 
permit  sliall  not  lie  for  a ])eriod  of  more  than  sixty 
days,  and  sliall  not  be  renewed  or  extended. 

In  case  of  the  termination  of  a license  under  the 
[irovisions  of  this  section,  a refund  of  the  nnearned 
portion  of  the  license  fee  shall  be  made. 

§400.  Revocation  and  Forfeiture.  (Sec.  18) 
(a)  Without  Cause.  The  council  may  at  any  time, 
at  its  absolute  discretion,  and  without  giving  any 
reason,  revoke  any  license,  upon  repayment,  to  the 
licensee,  of  such  proportionate  part  of  the  license 
fee  so  paid  by  him  as  the  time  such  license  still  has 
to  run  hears  to  the  entire  time  for  whicli  it  was 
granted. 

(h)  For  Cause,  Where  There  Has  Not  Been  a 
Trial  in  Court.  For  a violation  of  any  of  the  provi- 
sions of  this  ordinance,  by  any  licensee  hereunder, 
the  council,  upon  written  complaint,  verified  by  the 
complainant,  and  after  a hearing  and  a determina- 
tion that  the  licensee  has  violated  the  ordinance  as 
charged  u\  the  coni])laint,  may  revoke  the  license  of 
such  li('ensee  and  declare  and  cause  to  he  forfeited 
to  the  (*ity  all  fees  ])aid  for  such  license;  or  may 
declare  and  cause  such  license  to  he  suspended  for 
any  ])art  of  the  nnexpired  term  for  which  such 
li(*ense  was  originally  granted.  In  case  of  such  sns- 
])ension,  there  shall  he  no  refund  of  any  ]>art  of  the 
license  fee  to  the  licensee.  A copy  of  such  complaint 
shall  l)e  delivered  to  the  licensee  named  in  such  com- 
plaint, not  less  than  three  days  before  the  time  for. 
such  hearing.  At  the  time  and  place  mentioned  in 


234 


siuvli  notice,  tlie  licensee  shall  appear  and  be  i>'iven 
an  opportunity  to  be  beard  in  bis  defense.  Both 
jnirties  shall  have  the  right  to  have  process  issue  to 
conij)el  the  attendance  of  witnesses,  who  shall  be  re- 
(jiiired  to  give  testiinony,  if  the  party  summoning* 
the  witnesses  shall  so  elect.  Every  such  witness 
shall  he  sworn  or  affirmed.  The  member  of  the 
council  presiding  at  such  hearing  shall  have  and  is 
hereby  given  authority  to  administer  the  necessary 
oaths*  and  affirmations.  No  trial  in  court  shall  be 
deemed  a necessary  preliminary  or  prerequisite  to 
the  council’s  proceeding  under  this  subdivision  of 
section  18.  No  proceeding  under  this  subdivision 
of  section  18,  however,  shall  he  had  for  an  alleged 
violation  of  the  terms  of  this  ordinance,  after  the 
licensee  has  been  acquitted  of  the  same  alleged  of- 
fense, by  a court  of  competent  jurisdiction. 

(c)  Conviction  by  Court.  Whenever  any 
licensee  hereunder  shall  be  convicted  in  any  court 
of  competent  jurisdiction  of  a violation  of  any  of  the 
provisions  of  this  ordinance,  or  of  the  laws 
of  the  state  of  Colorado,  now  or  hereafter  en- 
acted, relating  to  intoxicating  liquor,  his  license 
shall  thereupon  ipso  facto  be  revoked,  and  become 
null  and  void  as  if  no  license  had  ever  been  granted, 
and  the  license  fee  paid  absolutely  forfeited  to  the 
city;  Provided,  that  if  such  conviction  is  reversed, 
set  aside,  or  declared  void  by  a court  of  competent 
jurisdiction,  such  license  shall  then  be  deemed  to 
have  been  suspended  and  not  revoked,  and  there 
shall  be  refunded  to  such  licensee  such  proportion 
of  the  license  fee  paid  as  the  period  of  such  suspen- 
sion bears  to  the  entire  period  for  which  such  license 
was  granted. 

§401.  No  License  Granted  When  Former  License 
Revoked.  (Sec.  19)  (a)  Whenever  any  license  shall 


235 


be  revoked,  under  tlie  provisions  of  siil)divisions 
“b”  or  “c”  of  section  18,  no  new  license  sliall  be 
.granted  or  transferred  to  the  holder  of  the  license 
so  revoked  for  a period  of  two  calendar  years  from 
the  date  of  such  revocation. 

(h)  Whenever  any  license  shall  he  revoked 
under  the  ])rovisions  of  subdivisions  ‘d)”  or  ‘^c”  of 
section  18,  or  whenever  any  owner  or  lessee  of  any 
])reniises  for  which  a license  is  granted  hereunder 
shall  he  convicted  in  any  court  of  competent  juris- 
diction of  a violation  of  any  of  the  ])rovisions  here- 
of, no  license  shall  thereafter,  for  a period  of  two 
years,  he  granted  to  any  person  to  sell  or  to  serve 
intoxicating  li(pior  in  or  upon  any  part  of  such  prem- 
ises; Provided,  that  if  the  owner  of  such  premises 
shall  in  good  faith  have  taken  action  to  evict  the 
tenant  before  charges  relating  to  the  violation  of 
this  ordinance  shall  have  been  brought  in  any  court 
of  com])etent  jurisdiction  or  in  the  council  against 
said  tenant,  then  the  restriction  forbidding  the 
granting  of  any  license  to  sell  or  to  serve  intoxicat- 
ing licpior  u])on  such  ])remises  shall  not  ap])ly. 

§402.  No  License  Granted  to  Prescription  Phar- 
macy Near  Church,  School  or  Playground.  (Sec.  20) 
No  license  shall  l)e  granted  for  any  prescription 
])harniacy  located  within  two  hundred  fifty  (250) 
feet  of  the  grounds  of  any  church,  public  school, 
])arochial  school,  or  of  any  college  having  more  than 
four  hundred  (400)  students,  or  of  any  ])layground 
regularly  laid  out  and  supervised  by  the  city  or 
school  authorities  or  by  any  incorporated  play- 
grounds association;  Provided,  that  such  ]n’emises 
are  regularly  used  for  any  of  such  ])ui*])oses. 

§403.  Restrictions  as  to  Keeping  of  Liquor  by 
Pharmacy.  (Sec.  21)  It  shall  he  unlawful  for  any 
])erson  to  have,  kee])  or  store,  or  ])ermit  to  he  had, 

236 


ke])t  or  stored,  upon  the  premises  occupied  by  any 
pharmacy  or  drug*  store,  except  prescription  phar- 
macies licensed  hereunder,  any  intoxicating  liquor 
whatever,  other  than  alcohol  190  proof  for  medicinal 
pur])oses  only. 

§404.  Restriction  as  to  Place  of  Storage.  (Sec. 
'2'2)  p]very  person  licensed  to  sell  intoxicating  liquor 
at  a ])rescription  pharmacy  shall  keep  his  stock  of 
intoxicating  liquor  stored  in  not  more  than  two  com- 
pact bodies  upon  the  premises;  and  in  no  event  shall 
he  place,  keep  or  store  the  same  within  ten  (10)  feet 
of  any  soda  water  fountain  or  other  place  where  non- 
alcoholic liquors  are  served  and  drunk. 

Every  licensee  shall  state  the  exact  location  of 
such  liquor  to  any  person  authorized  by  section  28 
hereof  to  inspect  licensed  premises. 

No  licensee  shall  display  any  intoxicating  liquor 
in  any  street  window,  or  expose  the  same  in  any 
place  whatsoever  to  public  view. 

No  licensee  shall  sell  or  serve  intoxicating  liquor 
in  or  at  any  place  other  than  that  mentioned  in  his 
license. 

§405.  Prescriptions.  (Sec.  23)  It  shall  be  law- 
ful for  any  pharmacist  or  druggist  having  a permit 
hereunder  to  sell  alcohol  190  proof  at  any  time  in  the 
(piantity  prescribed,  upon  the  prescription  of  a 
physician  regularly  licensed  under  the  laws  of  the 
state  of  Colorado  and  in  active  practice. 

Upon  the  prescription  of  a physician  regularly 
licensed  under  the  laws  of  the  state  of  Colorado  and 
in  active  practice,  it  shall  be  lawful  for  a person  hav- 
ing a license  to  sell  intoxicating  liquor  at  a prescrip- 
tion pharmacy,  to  sell  any  kind  of  intoxicating  liquor 
at  any  time  and  in  the  quantity  prescribed. 


237 


No  more  than  one  sale  shall  be  made  upon  any 
^neli  i)rescription  for  intoxicating*  liquor,  except  al- 
cohol 190  proof,  and  the  date  of  such  sale  and  the 
name  of  the  i)harmacist  who  filled  the  prescription 
shall  he  written  across  the  face  of  such  prescription 
at  the  time  such  sale  is  made.  Such  original  pre- 
scription, in  every  instance,  shall  be  retained  by  the 
pharmacist,  and  kept  on  file,  for  at  elast  one  year, 
in  a special  file  used  for  such  prescriptions  only, 
and  shall  be  subject  to  inspection  by  any  of  the  per- 
sons designated  by  section  28  hereof.  No  physician 
shall  sign  any  purported  prescription  for  intoxicat- 
ing liquor,  after  such  purported  prescription  has 
been  filled.  No  physician  shall  give  or  sign  any  pre- 
scription for  intoxicating  liquor,  unless  the  prescrip 
tion  be  given  in  good  faith  to  a bona  fide  patient  of 
such  physician.  No  person,  other  than  a physician 
regnlaiiy  licensed  under  the  laws  of  the  state  of 
(\)lorado  and  in  active  practice,  shall  make  or  sign 
a prescription  or  purported  prescription  for  intox- 
icating liquor,  within  or  to  be  used  within  the  city. 
No  ]ierson  shall  fill  any  prescription  or  purported 
})rescription  for  intoxicating  liquor  that  is  not  made 
by  a physician,  duly  licensed  under  the  laws  of  the 
state  of  Colorado,  and  in  active  practice. 

§406.  Restrictions  as  to  Persons.  (Sec.  24)  It 
shall  be  unlawful  for  any  licensee  hereunder,  or  for 
any  other  person  whatsoever,  to  sell,  seiwe,  distrib- 
ute, deliver,  exchange  or  give  away,  whether  for  his 
own  use  or  for  the  use  of  another,  any  intoxicating 
liquor  to  any  minor,  idiotic,  distracted  or  intoxicated  * 
person,  or  to  any  habitual  drunkard,  or  to  any. per- 
son after  being  notified  in  writing  by  the  mayor,  or 
chief  of  police,  or  by  the  father,  mother,  husband, 
wife,  brother,  sister  or  child  of  such  person,  not  to 
do  so,  or  to  any  student  in  any  school,  academy,  col- 
lege or  seminary  of  learning  within  the  city,  or  to 

238 


any  one  to  whom’ the  sale  of  intoxicating-  liquor  is 
])rohibited  by  the  laws  of  the  state  of  Colorado. 

§407.  Minors  and  Women  Not  Employed  to 
Handle  Liquor.  (Sec.  25)  It  shall  be  unlawful  for 
any  licensee  hereunder  to  employ  any  minor  or 
woman  to  sell,  serve,  distribute,  or  in  any  way  handle 
intoxicating  liquor  or  to  permit  any  minor  or  woman 
einplo}^e  to  sell,  serve,  distribute,  or  in  any  way 
handle  intoxicating  liquor  in  or  upon  the  licensed 
premises  under  the  control  of  such  licensee. 

§408.  Restrictions  as  to  Restaurants.  (Sec.  26) 
It  shall  be  unlawful  to  drink,  or  to  permit  to  be 
drunk  any  intoxicating  liquor  in  any  booth,  com- 
partment, private  room  or  place,  in,  upon  or  con- 
nected with  the  premises  occupied  by  any  restau- 
rant. 

It  shall  be  unlawful  for  any  person  to  store  or 
permit  to  be  stored  any  intoxicating  liquor  in  any 
quantity  whatever  in,  upon,  or  about  the  premises 
occupied  by  any  restaurant. 

§409.  Drinking  in  Public  Places.  (Sec.  27)  It 
shall  be  unlawful  to  drink  or  permit  to  be  drunk  any 
intoxicating  liquor  in  or  about  any  pharmacy,  or 
upon  any  street,  avenue,  alley,  park,  vacant  lot  or 
grounds,  or  in  or  upon  any  public  stairway  or  hall, 
or  in  any  other  public  place  whatsoever  within  the 
jurisdiction  of  the  city.  / 

§410.  Inspection.  (Sec.  28)  The  mayor,  chief 
of  police,  any  member  of  the  council,  any  member 
of  the  police  or  detective  force  of  the  city  or,  any 
person  authorized  in  writing  by  the  mayor  or  chief 
of  police,  shall  have  the  right  and  authority  to  in- 
spect and  examine,  at  any  time,  all  the  premises  of 
any  licensee  hereunder,  at  which  intoxicating  liquor 
may  be  sold  or  served,  and  all  premises  occupied  by 

239 


any  plianiiacy  or  dru^'  .store  for  wliicli  a permit  shall 
liave  l)(‘en  ^-ranted  hereunder.  No  ])erson  shall  re- 
fuse to  allow  the  insi)eetion  or  examination  of  such 
pi-emises  by  any  of  the  persons  designated  in  this 
section. 

§411.  Adulteration  and  Misbranding  Prohib- 
ited. (Hec.  29)  It  shall  be  unlawful  for  any  person 
to  sell,  exchange  or  barter,  whether  or  not  under  pre- 
text of  giving  away  or  under  any  other  pretext  what- 
soever, or  to /Serve,  within  the  jurisdiction  of  the 
city,  any  intoxicating  licpior  which  is  adulterated  or 
misbranded  within  the  meaning  of  this  ordinance, 
or  of  the  laws  of  the  United  States,  or  of  the  state 
of  Colorado,  which  have  been  or  shall  hereafter  be 
enacted.  Intoxicaiting  liquor  shall  be  deemed  to  be 
adulterated  within  the  meaning  of  this  ordinance: 

(a)  If  any  substance  has  been  mixed  with  such 
li <11101*  so  as  to  reduce  or  lower,  or  injuriously  affect, 
its  (juality  or  strength; 

(b)  If  any  substance  has  been  substituted 
wholly  or  in  part  for  such  liquor; 

(c)  Ff  any  valuable  constituent  of  such  liquor 
has  been  wholly,  or  in  part,  abstracted; 

(d)  If  such  li<pior  be  mixed  or  colored  in  a 
manner  whereby  damage  or  inferiority  is  concealed; 
or 

(e)  If  such  licpior  contains  any  added  poisonous 
or  added  deleterious  ingredient  which  may  render 
such  liquor  injurious  to  health. 

Intoxicating  licpior  shall  be  deemed  to  be  mis- 
branded within  the  meaning  of  this  ordinance: 

(a)  Ff  it  be  an  imitation  of  or  offered  for  sale 
under  the  distinctive  name  of  another  article  or  of 
another  kind  of  intoxicating  liquor; 

240 


(h)  If  it  he  lal)eled  or  branded  so  as  to  deceive 
oi-  mislead  the  purcliaser,  or  purport  to  he  a foreign 
])roduct  when  not  so,  or  if  the  contents  of  the  pack- 
age as  originally  put  up  shall  have  been  removed  in 
whole  or  in  ])art  and  other  contents  shall  have  been 
placed  in  such  package,  or  if  it  fail  to  bear  a state- 
ment on  the  label  of  the  quantity  or  proportion  of 
any  morphine,  opium,  cocaine,  heroin,  alpha,  or  beta 
eucaine,  chloroform,  cannabis  indica,  chloral  hy- 
drate, or  acetanilide,  or  any  derivative  or  prepara- 
tion of  any  of  such  substances  contained  therein. 

(c)  If  the  packages  containing  such  liquor  or 
its  label  shall  bear  any  statement,  design,  or  device 
regarding  the  ingredients  or  the  substance  contained 
therein,  which  statement,  design  or  device  shall  be 
false  or  misleading  in  any  particular;  Provided,  that 
any  intoxicating  liquor  which  does  not  contain  any 
added  poisonous  or  deleterious  ingredients  shall  not 
be  deemed  to  be  adulterated  or  misbranded  in  the 
following  cases: 

(1)  In  the  case  of  mixtures  or  compounds  which 
may  be  now  or  from  time  to  time  hereafter  known 
as  intoxicating  liquors,  under  their  own  distinctive 
names,  and  not  an  imitation  of  or  offered  for  sale 
under  the  distinctive  name  of  another  article  or  kind 
of  intoxicating  liquor,  if  the  name  be  accompanied 
on  the  same  label  or  brand  with  a statement  of  the 
place  where  said  article  has  been  manufactured  or 
produced. 

(2)  In  the  case  of  articles  labeled,  branded  or 
tagged  so  as  to  plainly  indicate  that  they  are  com- 
pounds, imitations  or  blends,  and  the  word  ‘‘com- 
pound,’^ “imitation,”  or  “blend,”  as  the  case  may 
be,  is  plainly  stated  on  the  package  in  which  it  is 
offered  for  sale;  Provided,  that  the  term  blend  as 
used  herein  shall  be  construed  to  mean  a mixture  of 

241 


like  substances,  not  excluding  harmless  coloring  or 
flavoring  ingredients  used  for  the  purpose  of  color- 
ing and  flavoring  only. 

The  commissioner  of  public  health  and  sanita- 
tion shall  make  uniform  rules  and  regulations  for 
carrying  out  the  ]n*o visions  of  this  section  of  this 
ordinance,  including  the  collection  and  exam- 
ination of  specimens  of  all  intoxicating  liq- 
uors, at  any  time  within  jurisdiction  of  the 
city.  Such  rules  and  regulations,  however, 
shall  not  conflict  with  the  rules  and  regulations 
adopted,  or  which  may  hereafter  be  adopted  by  the 
authorities  of  the  United  States  or  of  the  state  of 
Colorado  relating  to  intoxicating  liquors  and  the 
misbranding  or  adulteration  thereof. 

§412.  Restrictions  Upon  Principal  Binding 
Upon  Agent.  (Sec.  30)  Restrictions  provided  by  this 
ordinance  as  to  the  sale,  service,  or  distribution  of 
intoxicating  liquor  by  any  person,  shall  also  apply 
to  and  be  binding  upon  his  clerks,  employes,  and 
agents,  with  the  same  force  and  effect  as  if  such 
clerks,  employes,  and  agents  were  expressly  men- 
tioned in  each  instance. 

§413.  Liability  of  Principal  for  Acts  of  Agent. 

(Sec.  31)  A violation  of  any  of  the  provisions  of  this 
ordinance  by  a clerk,  employe,  or  agent,  acting  with- 
in the  apparent  scope  of  his  authority,  shall  also  be 
deemed  a violation  by  the  master,  employer  or  prin- 
cipal. 

§414.  Attempts.  (Sec.  32)  An  attempt  to  vio- 
late any  of  the  provisions  of  this  ordinance  shall  be 
deemed  a violation  thereof. 

§415.  Penalties  for  Violation  of  Specified  Sec- 
tions Hereof.  (Sec.  33)  Any  person  who  shall  vio- 
late any  of  the  provisions  of  section  27  hereof,  shall, 

242 


upon  conviction  thereof,  for  the  first  offense  be  fined 
not  less  tlian  ten  dollars  ($10)  nor  more  than  one 
hundred  dollars  ($100),  and  for  a second  or  subse- 
(jnent  offense  be  fined  not  less  than  twenty-five  dol- 
lars ($25)  nor  more  than  three  hundred  dollars 
($300),  or  be  imprisoned  in  the  city  jail  for  not  less 
than  five  (5)  nor  more  than  ninety  (90)  days,  or 
both,  in  the  discretion  of  the  court. 

§416.  General  Penalties.  (Sec.  34)  Any  person 
who  shall  in  any  manner,  by  himself  or  another, 
either -as  principal,  agent,  clerk,  or  employe,  violate 
any  of  the  provisions  of  this  ordinance  for  which  no 
penalty  is  specifically  provided  in  section  33  hereof, 
shall,  upon  conviction  thereof,  for  the  first  offense  be 
fined  not  less  than  one  hundred  dollars  ($100)  nor 
more  than  two  hundred  dollars  ($200)  or  be  impris- 
oned in  the  city  jail  for  not  less  than  ten  (10) 
nor  more  than  thirty  (30)  days,  or  both,  in  the  dis- 
cretion of  the  court,  and  for  a second  or  subsequent 
offense  be  fined  not  less  than  two  hundred  dollars 
($200)  nor  more  than  three  hundred  dollars  ($300), 
and  be  imprisoned  in  the  city  jail  for  not  less  than 
thirty  (30)  days  nor  more  than  ninety  (90)  days. 

§417.  Definition  of  Terms  Employed.  (Sec.  35) 
The  words  and  phrases  mentioned  in  this  section  as 
used  in  this  ordinance,  and  in  proceedings  pursuant 
thereto,  shall,  unless  the  same  be  inconsistent  with 
the  context,  be  construed  as  follows: 

^‘The  councir^  shall  mean  the  city  council  of  the 
city  of  Colorado  Springs. 

^^Intoxicating  liquor’^  shall  mean  all  distilled, 
spirituous,  vinous,  fermented  or  malt  liquors. 

‘‘Person’’  or  “persons”  shall  include  both  the 
singular  and  the  plural,  individuals  whether  male  or 


243 


female,  eopartnersliips,  voluntary  associations,  so- 
cieties, coni])anies,  corporations,  and  social  clubs. 

“He”  shall  mean  any  person,  as  the  word  person 
is  herein  defined. 

“License”  shall  mean  a license  to  sell,  or  to  sell 
and  serve,  as  the  case  may  be,  intoxicating  liquor, 
within  the  jurisdiction  of  the  city. 

“Prescription  pharmacy”  shall  .mean  a phar- 
macy or  drug  store  where  physicians’  prescriptions 
are  regularly  filled  and  which  is  actually  managed 
by  a ])harniacist,  duly  licensed  under  the  laws  of  the 
state  of  Colorado. 

The  terms  “quart”  and  “pint”  shall  be  con- 
strued to  include  respectively  the  “quart”  and 
“pint”  of  commerce  or  trade  in  intoxicating  liquor. 

“Bona  fide  out-of-town  guests”  shall  mean  any 
person  over  twenty-one  years  of  age  who  resides  not 
less  than  ten  miles  from  the  boundaries  of  the  city, 
and  who  has  no  place  of  business  in  the  city. 

The  word  “college”  shall  not  be  construed  to 
include  institutions  commonly  known  as  business  col- 
leges, or  schools  whose  principal  course  of  instruc- 
tion is  stenography,  typewriting  or  book-keeping. 

§418.  Repealing  Clause.  (Sec.  36)  All  laws  and 
])arts  of  laws  of  this  state  in  conflict  with  any  of  the 
provisions  of  this  ordinance  are  hereby  superseded; 
and  all  ordinances  and  parts  of  ordinances  in  conflict 
with  any  of  the  provisions  of  this  ordinance  are  here- 
by repaled.  [Ord.  No.  838,  passed  Apr.  4,  1911.] 


244 


CHAPTER  V. 


OP  THE  DEPARTMENT  OP  PUBLIC  SAPETY, 
INCLUDING  THE  POLICE  DEPARTMENT. 

ARTICLE  1. 

ORGANIZATION  AND  SCOPE  OP  DEPART- 
MENT. 

§419.  Commissioner  of  Public  Safety.  (Sec.  1) 

The  commissioner  of  public  safety  shall  have  the 
supervision  and  control  of  the  police  and  fire  depart- 
ments of  the  city,  subject  to  the  general  oversight  of 
the  mayor. 

He  shall  have  charge  of  and  supervision  and 
direction  over  all  officers  and  employes,  and  over  all 
buildings,  property  and  apparatus  assigned  to  said 
department.  He  shall  have  charge  of  all  purchases 
of  horses,  apparatus  and  supplies  of  said  depart- 
ment, or  the  offices  and  departments  assigned  there- 
to. He  shall  have  supervision  over  repairs  of  all 
buildings  assigned  to  said  department,  and  may,  on 
application,  receive  assistance  therein  from  other  of- 
ficers and  departments  of  the  city.  He  shall  audit 
and  a])prove  all  pay  rolls,  and  all  bills  and  accounts 
for  the  expenditure  of  money  in  his  dei)artment  be- 
fore the  same  are  presented  to  the  auditor.  He  shall 
purchase  all  supplies  for  his  department  in  the  man- 
ner provided  by  ordinance. 

The  chief  of  police,  and  the  police  department, 
and  all  policemen,  officers  and  employes  therein, 
and  the  dog  catcher  and  keeper  of  the  pound,  and  all 
police  stations  and  property  and  apparatus  used  in 


245 


said  ])oliee  department;  the  chief  of  the  fire  depart- 
ment, and  the  fire  department,  and  all  firemen,  offi- 
(‘ers  and  employes  therein,  and  all  fire  stations  and 
property  and  apparatus  used  in  said  fire  department; 
the  fire  and  police  alarm  system,  and  all  property 
and  apparatus  belonging  thereto,  are  distributed  and 
assigned  to  the  department  of  public  safety;  all  per- 
sons employed  in  said  department  shall  be  appointed 
by  the  mayor  from  persons  recommended  by  the 
commissioner  for  the  respective  positions  to  be  filled. 
The  said  commissioner  shall  have  authority  to  sus- 
pend any  officer  or  employe  in  the  department  of 
public  safety  for  a period  not  exceeding  ten  days, 
whenever  in  his  judgment  the  public  interests  de- 
mand or  will  be  better  subserved  thereby.  He  may 
employ  and  discharge  or  delegate  to  any  subordinate 
the  power  to  employ  and  discharge  day  laborers  and 
unskilled  workmen  in  his  department.  [Ord.  No. 
778,  passed  Oct.  20,  1909.] 


ARTICLE  2. 

OF  THE  POLICE  DEPARTMENT,  CHIEF  OF 
POLICE,  AND  POLICE  FORCE. 

§420.  Department  Established.  (Sec.  1)  There 
is  established  in  the  department  of  public  safety  of 
the  city  a sub-department  to  be  known  as  the  police 
department,  which  shall  embrace  the  commissioner 
of  public  safety,  a chief  of  police,  and  such  number 
of  captains,  lieutenants,  detectives,  sergeants,  patrol- 
men and  other  employes  as  the  commissioner  of  pub- 
lic safety  may  deem  necessary  for  the  efficient  police 
regulation  of  the  city,  provided,  that  the  council 

246 


sliall  })re!S(‘ril)e  the  maxiniuiii  mimbei-  of  employes  in 
said  department  as  ])rovided  in  section  1,  article  Itf 
lierein. 

§421.  Commissioner  of  Public  Safety  Manager 
of  Department.  (Hec.  2)  The  police  department  shall 
he  under  the  management  and  general  su]:>ervision  of 
the  commissioner  of  ]:>uhlic  safety,  and  under  the 
general  oversight  of  the  mayor  as  j)rovided  in  the 
city  charter.  The  commissioner  of  ]mhlic  safety 
shall  have  the  general  management  of  all  matters 
relating  to  the  police  department,  and  shall  he  con- 
sulted on  all  matters  of  general  importance  arising 
in  said  department,  and  lie  shall  hear  and  determine 
all  appeals  from  the  decision  of  the  chief  of  police. 

§422.  Chief  of  Police  Appointment.  (Sec.  3) 
There  hereby  is  created  the  office  of  chief  of  police. 
He  shall  he  appointed  hy  the  mayor  upon  the  rec- 
ommendation of  the  commissioner  of  ])uhlic  safety. 
He  shall  he  appointed  for  an  indefinite  term,  and 
may  he  removed  from  office  hy  the  mayor  or  liy  the 
council  as  provided  hy  the  charter. 

§423.  Authority  and  Duties.  (Sec.  4)  The  chief 
of  police  shall  have  the  direct  management  and 
superintendence  of  all  matters  relating  to  the  i)olice 
department,  and  all  the  suhordinate  officers  and 
employes  therein. 

All  memhers  of  the  ]iolice  department  shall  he 
appointed  l)y  the  mayor,  upon  the  recommendation 
of  the  commissioner  of  public  safety  in  accordance 
with  the  provisions  of  the  charter  and  the  civil  serv- 
ice ordinance  and  the  rules  adopted  thereunder  in 
force  at  the  time  of  such  appointment. 

The  chief  of  police  shall  establish  and  keep  in  . 
the  police  department  a system  of  merits  as  directed 
hy  the  civil  service  commission  of  all  members  of 

247. 


the  department,  and  he  shall  furnish  a certilied  co])y 
of  the  same  or  any  ])art  thereof  to  the  civil  service 
commission  whenever  demanded  by  the  commission. 

§424.  Custody  of  Property.  (Sec.  5)  The  chief 
of  ])olice  shall  have  the  custody  of  all  firearms,  mili- 
tary equipments,  l)ooks,  records,  all  personal  effects 
taken  from  ])risoners  taken  under  arrest,  all  (‘ontis- 
cated  articles  and  all  ])ro])erty  belonging-  to  said  de- 
partment. 

§425.  Duty  to  Preserve  Peace.  (Sec.  6)  He 
shall  devote  his  whole  time  to  the  municipal  affairs 
of  the  city,  preserve  the  ])eace,  order,  safety,  and 
cleanliness  thereof,  and  to  this  end  he  shall  execute 
and  enforce  all  ordinances,  and  all  orders  of  the 
mayor,  the  commissioner  of  imblic  safety  and  of  the 
city  council  and  all  the  rules  and  regulations  of  the 
police  department  and  shall  not  l)e  engaged  in  any 
other  occupation. 

§426.  Duty  to  Protect  Persons  and  Property. 

(Sec.  7)  He  shall  be  charged  with  the  duty  of  pro- 
tecting the  rights  of  persons  and  property,  provid- 
ing a ])i‘0])er  ]^olice  force  at  every  tire,  protecting 
strangers  and  travelers  at  railway  stations,  and  caus- 
ing to  be  enforced  all  the  ordinances  of  the  city. 

§427.  Duty  to  Abate  Nuisances.  (Sec.  8)  He 
shall  take  notice  of  all  nuisances,  im])ediments,  ob- 
structions and  defects  in  the  streets,  avenues,  alleys 
and  ])ul)lic  ])laces  in  the  city  and  shall  remove  the 
same  or  cause  immediate  notice  thereof  to  be  given 
to  the  proper  officer  whose  duty  it  may  be  to  take 
measures  in  relation  thei*eto  according  to  the  ordi- 
nances of  the  city. 

§428.  Divisions.  Districts.  Rules  and  Regula- 
tions. (Sec.  9)  The  (hiief  of  ])olice  shall  have  the 
power  to  divide  the  city  into  ])olice  divisions,  dis- 

. 248 


7 


tricts,  precincts  and  beats  and  make  sncli  assignment 
of  officers  to  said  beats  as  in  ins  judgment  will  best 
subserve  the  safety  and  good  conduct  of  the  city; 
all  regulations,  rules  and  orders  of  the  })olice  depart- 
ment shall  be  ])ronmlgated  through  the  chief  of 
police. 

§429.  Rules  and  Regulations:  Penalties.  (Sec. 
10)  All  subordinate  officers  and  members  of  said  de- 
partment shall  be  subject  to  such  rules  and  regula- 
tions as  shall  be  prescribed  from  time  to  time.  A 
reasonable  forfeiture  of  pay  may  be  imposed  by  him 
under  rules  and  regulations  made  by  him  approved 
by  the  commissioner  of  public  safety,  for  any  neglect 
of  duty  or  misconduct  on  the  part  of  any  member  of 
said  department.  All  subordinate  officers  and  mem- 
bers of  said  department  shall  be  subject  to  suspen- 
sion, not  to  exceed  ten  days  without  pay,  by  the  com- 
missioner of  public  safety. 

§430.  Special  Patrolmen.  (Sec.  11)  The  mayor 
may  ui)on  the  recommendation  of  the  commissioner 
of  public  safety  in  time  of  peril,  danger,  riot  or  pes- 
tilence or  apprehension  thereof,  or  during  any  imblic 
election  or  celebration  or  public  gathering,  appoint 
for  not  to  exceed  sixty  days,  as  many  special  patrol- 
men as  he  may  deem  necessary,  and  during  the  term 
of  service,  such  special  patrolmen  shall  ])ossess  all 
the  powers  and  privileges  and  perform  all  the  duties 
of  patrolmen  of  the  standing  police  force  of  the  city, 
and  receive  $3  per  day  while  so  in  the  service  of 
the  city. 

§431.  City  Employes.  Special  Policemen.  (Sec. 
12)  The  commissioner  of  public  safety  may  recom- 
mend for  appointment  persons  of  suital)le  character, 
who  may  be  in  the  employment  of  the  city  govern- 
ment as  special  policemen,  with  such  powers  as  may 
pertain  to  their  special  department,  but  such  persons 

249 


so  n})})()int(‘(l  shall  I'oceive  no  additional  ])ay  from  the 
city  fo]‘  tluhr  servic'cs  as  such  s])ecial  ])olicemen. 

§432.  Special  Patrolmen  for  Special  Duty.  (Sec. 
13)  The  (‘onnnissioner  of  public  safety  may  recom- 
mend for  a])])ointment,  on  tlie  written  application  of 
any  ])erson  or  ])ersons,  showing*  the  necessity  there- 
of, any  additional  nnml)er  of  special  patrolmen,  to 
do  special  duty  at  any  fixed  ])lace  or  district  within 
the  (*ity,  at  the  charg-e  and  expense  of  the  person  or 
persons  by  whom  the  application  is  made  and  shall 
keep  a correct  list  of  all  persons  so  appointed  to- 
gether with  the  district  or  place  to  which  they  are 
appointed.  Persons  so  appointed  shall  conform  to 
and  be  subject  to  all  rules  and  regulations  governing 
the  police  force  of  the  city  and  to  such  special  rules 
and  regulations  as  the  chief  of  police  may  make  con- 
cerning such  special  patrolmen.  They  shall  ])ossess 
such  powers,  ])rivileges  and  duties  at  the  ])laces 
where  they  are  res]:>ectively  appointed,  as  may  be 
granted  by  the  chief  of  ])olice  and  they  may  be  re- 
moved or  discharged  from  service  at  any  time  by  the 
chief  of  ])olice  without  assigning  any  cause  therefor. 

§433.  Lost,  Stolen  or  Confiscated  Property. 

(^T(*.  14)  34ie  chief  of  police  shall  keep  a record  of 
all  property  which  may  be  seized  or  otherwise  taken 
possession  of  by  the  |)olice  dei)artnient  of  the  city; 
and  if  such  ])roperty  so  seized  or  taken  posses- 
sion of  shall  7iot  be  claimed  by  the  rightful 
owner  thereof  and  ])ossession  surrendered  to  such 
owner  within  six  months  from  the  date  of  such  seiz- 
ure or  taking  ])ossession  of  by  the  police  department 
he  shall  ])id)lish  or  cause  to  be  published  in  the  offi- 
cial news])aper  of  this  city  a description  of  such 
property  and  shall  give  notice  that  if  such  ])roperty 
be  not  claimed  by  the  rightful  owner  or  owners 
thereof  within  ten  days  from  date  of  said  publication 


250 


sneh  pro])erty  will  be  sold  at  public  auction  at  such 
])lace  and  in  such  manner  as  the  chief  of  police  may 
])rescribe,  and  if  within  ten  days  from  the  date  of 
such  publication  no  claim  for  such  property  de- 
scril)ed  in  such  notice  shall  have  been  made  by  the 
rightful  owner  thereof,  he  shall  proceed  to  sell  such 
property  at  public  auction.  The  proceeds  of  any 
sale  or  sales  so  made  after  deducting  the  cost  of  stor- 
age, advertising  and  selling,  etc.  shall  be  paid 
into  the  police  relief  fund.  Provided,  that  if  any 
property  so  seized  or  taken  possession  of  by  the 
police  department  shall  be  of  a perishable  nature  or 
of  such  a nature  as  to  make  it  inadvisable  to  retain 
possession  thereof  for  the  length  of  time  hereinabove 
specified  he  may  cause  such  property  to  be  forthwith 
advertised  in  the  official  newspaper  of  the  city  and 
sell  such  property  at  public  auction  at  any  time  after 
three  days  have  elapsed  from  the  seizure  or  taking 
possession  thereof,  and  provided  further  that  noth- 
ing in  this  section  contained  shall  refer  to  any  im- 
pounded animal  as  may  be  provided  for  in  any  city 
ordinance. 

§434.  Suspension.  Removal.  (Sec.  15)  When 
charges  are  preferred  against  any  police  officer  or 
patrolman  the  commissioner  of  public  safety  may 
suspend  from  duty  any  such  officer  for  a period  not 
to  exceed  ten  days.  If  after  hearing  said  charges,  or 
if  for  any  reason  the  commissioner  of  public  safety 
finds  that  it  is  necesary  to  remove  from  the  depart- 
ment any  member  thereof,  he  shall  in  writing  request 
the  mayor  to  remove  such  person,  and  he  shall  state 
to  the  mayor  the  reasons  for  asking  such  removal; 
and  if  the  mayor  shall  refuse  or  neglect  to  remove 
said  person  within  ten  days  from  the  time  of  filing- 
said  request,  the  commissioner  of  public  safety  may, 
in  writing,  request  the  council  to  remove  such  per- 
son, and  the  council  shall  take  such  action  on  said 

251 


re(iiiest  as  it  finds  will  best  subserve  the  interests  of 
the  police  department  and  the  public.  [Ord.  No.  856, 
passed  Nov.  24,  1911.] 

§435.  Captain  of  Police.  (Sec.  1)  The  captain 
of  ])olice  shall  lje  under  the  immediate  control  and 
direction  of  the  chief  of  police  and  when  on  duty 
shall  have  immediate  supervision  and  control  of  the 
force,  during  the  absence  of  the  chief  of  police. 

§436.  Secretary  of  the  Department.  Duty. 

(Sec.  2)  There  shall  be,  in  the  office  of  the 
|)olice  de])artrnent,  a person  to  be  denominated 
secretary  of  the  police  department,  whose  duty  it 
shall  be  to  preserve  and  keep  all  books  and  papers 
belonging  to  said  department  or  which  are  required 
by  law  to  be  filed  therein.  He  shall  perform  such 
other  duties  as  the  chief  of  police  may  require.  [Ord. 
No.  856,  Art.  2,  passed  Nov.  24,  1911.] 

§437.  Police  Force.  (Sec.  1)  The  maximum 
police  force  shall  consist  of  such  number  of  members 
as  the  council  may  from  time  to  time  determine. 
The  members  of  the  police  department  at  the  time 
this  ordinance  goes  into  force  and  effect  shall  con- 
tinue to  fill  the  offices,  positions  and  employments 
respectively  held  by  them  to  which  they  have  been 
regularly  appointed  until  removed,  replaced,  pro- 
moted or  reduced  in  grade  as  in  the  charter  and  this 
ordinance  provided. 

§438.  Power  of  Arrest.  (Sec.  2)  The  several 
members  of  the  police  force  of  the  city  when  on  duty 
or  upon  special  call  shall  devote  the  time  and  atten- 
tion to  the  discharge  of  the  duties  of  the  stations 
according  to  the  laws  and  ordinances  of  the  city, 
and  the  rules  and  regulations  of  the  department  to 
])ieserve  order,  peace  and  quiet  and  enforce  the  ordi- 
nances throughout  the  city.  They  shall  have  power 


252 


to  arrest  all  persons  in  the  city  found  in  the  act  of 
violating’  any  law  or  ordinance  or  aiding*  and  abet- 
ting any  such  violations  and  shall  arrest  any  joerson 
fonnd  under  circumstances  which  would  warrant  a 
reasonable  man  in  believing*  that  such  person  had 
committed  or  is  about  to  commit  a crime.  The  jur- 
isdiction of  any  police  officer  may  extend  to  such 
l)lace  as  the  exigencies  may  require,  or  as  may  be 
re(iuired  by  the  chief  of  police.  They  shall  have 
l^ower  and  authority  and  it  shall  he  their  duty  in  the 
city  to  serve  and  execute  warrants  and  other  process 
for  the  summoning,  apprehension  and  commitment 
of  any  person  charged  with  the  violation  of  any  city 
ordinances  or  any  crime  or  misdemeanor  or  offense 
against  the  laws  of  the  city  or  state,  or  any  other 
state  or  United  States,  and  by  direction  of  the  chief 
of  police  shall  return  from  any  other  locality,  any 
person  held  upon  warrant,  issued  by  any  justice  of 
the  peace  of  the  city,  upon  orders  from  the  chief  of 
police.  Any  person  so  arrested  shall  be  taken  before 
the  police  magistrate,  or  if  there  is  none  before  a 
justice  of  the  peace,  for  examination  and  as  soon  as 
the  office  of  such  magistrate  is  open  for  hearing*  of 
Such  matters,  and  every  person  arrested  under  the 
authority  of  the  city  shall  have  the  right  to  be  taken 
immediately  before  the  police  magistrate,  if  he  is 
to  be  found  at  his  office  and  to  give  bail  for  his  ay)- 
|)earance  to  answer  for  the  offense  charged,  provided 
that  if  the  y^olice  magistrate  is  not  to  be  found  at  his 
office  and  cannot  be  obtained,  the  mayor,  the  com- 
missioner of  yDublic  safety,  the  chief  of  police  or  cap- 
tain of  police,  when  on  duty  in  the  night  time,  may 
take  bail  and  ay)prove  the  bond  until  the  next  session 
of  the  police  court.  And  all  |3ersons  arrested  as 
aforesaid  shall  be  confined  in  the  city  jail  until 
brought  before  the  police  magistrate  and  released 
according  to  law,mnless  bail  be  given  as  herein  yn*o- 
vided. 


253 


§439.  Duty  to  Aid  Firemen.  (Sec.  3)  It  shall 
])e  the  duty  of  members  of  the  police  department  to 
aid  tlie  lire  de])artment  by  giving  alanns  in  case  of 
lire  and  in  clearing  the  streets  or  grounds  in  the  im- 
mediate vicinity  of  the  fire  so  that  members  of  the 
fire  department  shall  not  be  hindered  or  obstructed 
ill  the  performance  of  their  duties. 

§440.  Impersonating  an  Officer.  (Sec.  4)  Any 
])erson  who  shall  falsely  assume  or  })retend  to  be  a 
])oliceman  or  a member  of  the  department  of  police 
of  this  city  shall  on  conviction  be  fined  not  less  than 
ten  nor  more  than  one  hundred  dollars  for  each  of- 
fense. 

§441.  Wearing  Police  Officer’s  Uniform,  Star 
or  Using  Whistle.  (Sec.  5)  Any  person  other  than  a 
regular  police  officer  who  shall  wear  a unifoim  or 
ap])arel  like  or  similar  to  that  adopted  and  worn  by 
the  regular  police  officers,  or  shall  use  any  kind  of 
police  whistle  like  or  similar  to  that  adopted  by  the 
police  department,  or  shall  wear  a star,  badge  or 
other  insignia  of  office  like  or  similar  to  that  adopted 
by  the  police  officers,  shall,  upon  conviction  thereof, 
be  fined  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars. 

§442.  Counterfeiting  Badges,  Etc.  (Sec.  6)  Any 
])erson  who  shall  counterfeit  or  imitate  or  cause  to 
be  counterfeited  or  imitated  any  badge,  sign,  signal 
or  device  adopted  by  the  department  of  police,  with- 
out authority  so  to  do  from  the  chief  of  police,  shall 
l)e  fined  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars  for  each  offense. 

§443.  Resisting  Officer.  (Sec.  7)  Any  person 
who  shall  resist  any  member  of  the  police  force  in 
the  discharge  of  his  duty  or  shall  in  any  way  inter- 
fere with  or  hinder  or  i)revent  him  from  discharging 


254 


•Ills  duty  as  such  officer  or  shall  olfer  or  eiideav^or  to 
do  so,  and  ^yhoever  shall  in  any  manner  assist  any 
])erson  in  custody  of  any  member  of  the  ])olice  force 
to  escape  or  attempt  to  escape  from  such  custody,  or 
attempt  to  rescue  any  person  in  custody  shall  be  fined 
not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars  for  each  offense. 

§444.  Assistance  by  Others.  (Sec.  8)  It  shall 
be  the  duty  of  all  persons  in  the  city  when  called 
upon  by  any  police  officer  or  any  other  member  of 
the  department  of  police,  to  promptly  aid  and  assist 
such  officer  in  the  discharge  of  his  duty.  Whoever 
shall  refuse  to  give  such  aid  and  assistance  shall, 
upon  conviction,  be  fined  not  exceeding  one  hundred 
dollars  in  the  discretion  of  the  police  magistrate. 

§445.  Control  of  Cabs,  Etc.  (Sec.  9)  Hackmen, 
cabmen,  omnibus  drivers,  draymen,  porters,  runners 
and  other  persons  when  at  or  about  any  railway 
depot  or  station  or  any  other  public  place  in  the  city 
shall  obey  the  commands  and  directions  of  the  police 
officer  or  officers  who  may  be  stationed  or  doing- 
duty  on  or  about  such  depots  or  stations  or  other 
places  for  the  preservation  of  order  and  enforcing 
the  ordinances.  Whoever  shall  refuse  to  obey  the 
comands  and  directions  of  a police  officer  as  afore- 
said shall  be  fined  not  exceeding  twenty-five  dollars 
for  each  offense. 

§446.  Carrying  Free  of  Charge.  (Sec.  10)  Any 
officer  or  member  of  the  department  of  police  when 
in  the  performance  of  his  official  duty,  or  going  to 
or  from  his  duty,  may  produce  or  show  his  badge  to 
any  conductor,  or  collector  of  fares  upon  any  railroad 
train,  street  car,  carrette,  omnibus  or  other  vehicle 
used  for  carrying  passengers  for  hire  within  the  city 
and  when  so  presented  it  shall  be  the  duty  of  any 
such  conductor  or  collector  of  fares  as  aforesaid  to 

255 


cariy  Tree  of  (‘liarge  sueli  officer  or  meni1)er  of  the 
police  (lepartinent  aforesaid,  from  and  to  any  point 
or  points  of  destination  within  the  city  limits  on 
tliei]-  regular  lines  of  travel. 

§447.  Excavation  in  Streets.  (Hec.  11)  It  shall 
he  the  duty  of  every  policeman  on  observing  or  being 
informed  of  the  oi)ening  of  or  excavating  in,  any 
street  or  avenue  to  require  the  person  making  such 
opening  or  excavation  to  exhibit  the  authority  or 
permission  therefor;  and,  if  none  has  been  given  by 
the  ]>roper  officer,  or  if  the  exhibition  thereof  be  re- 
fused, such  policeman  shall  without  delay  report  the 
same  to  the  commissioner  of  public  works  and  prop- 
erty. 

§448.  Accidents.  Report  Of,  by  Police  Officer. 

(Sec.  12)  Whenever  any  person  is  physically  injured 
or  any  ])roperty  is  injured,  damaged  or  destroyed  by 
any  accident  occurring  on  any  of  the  streets,  ave- 
nues, alleys,  parks  or  other  public  places  of  the  city 
it  shall  l)e  the  duty  of  the  police  officer  within  whose 
district  or  upon  whose  beat  such  accident  shall  have 
happened,  and  also  of  the  detective  who  may  be  in 
that  vicinity  or  be  detailed  for  service  in  that  neigh- 
borhood, to  investigate  such  accident  and  ascertain 
the  cause  of  the  same,  and  obtain  the  name  and  res- 
idence of  the  person  injured,  or  owning  the  property 
injured  or  damaged,  and  all  the  circumstances  of 
the  accident,  with  the  names  and  places  of  residence 
of  all  persons  having  knowledge  of  the  occurrence, 
and  of  the  cause  resulting  in  the  accident  or  damage, 
and  make  forthwith  a report  of  the  same  to  the  chief 
of  police. 

§449.  Report  of  Chief  of  Police  to  Attorney. 

(Sec.  1o)  It  shall  be  the  duty  of  the  chief  of  police 
ui)on  receipt  of  the  report  ])i*ovided  for  in  the  section 
above  to  immediately  forward  the  said  report  to  the 

256 


attorney  for  the  city  for  liis  further  investigation. 
Any  failure  on  the  ])art  of  any  ])olice  officer  of  this 
city  to  comply  with  the  terms  and  provisions  of  sec- 
tions and  13  hereof  shall  be  sufficient  cause  for 
suspension  or  removal. 

§450.  Misconduct.  Penalty.  (Sec.  14)  Any 
member  of  the  police  force  who  shall  neglect  or  re- 
fuse to  perform  any  duty  required  of  him  by  the 
ordinances  of  the  city,  or  the  rules  and  regulations 
of  the  de])artuient  of  police,  or  who  shall,  in  the  dis- 
charge of  his  offical  duties,  be  guilty  of  any  fraud, 
extortion,  o])pression,  favoritism  or  wilful  wrong  or 
injustice  may,  in  addition  to  any  other  penalty  or 
punishment  imposed  by  law,  be  fined  not  more  than 
one  hundred  dollars  for  each  offense. 

§451.  Patrol  Wagons.  Right  of  Way.  Ob- 
structing. Penalty.  (Sec.  15)  The  right  of  way  of 
the  streets,  avenues,  lanes,  alleys  and  other  public 
places  of  the  city  is  hereby  given  to  the  police  patrol 
wagons,  ambulances,  and  each  and  every  of  the  vehi- 
cles and  apparatus  of  the  police  department  of  the 
city,  together  with  the  horses  attached  thereto  and 
the  officers  in  charge  thereof,  in  all  cases  when  in 
the  line  of  duty;  and  it  shall  be  and  is  hereby  made 
the  imperative  duty  of  all  persons  occupying  the 
streets,  avenues,  lanes,  alleys  or  other  public  places 
within  the  corporate  limits  of  the  city  with  wagons, 
teams,  horses  or  vehicles  of  any  description,  on  the 
line  over  which  any  of  the  vehicles  or  apparatus 
named  above. may  be  drawn,  or  required  to  go  in  the 
performance  of  police  duty,  to  yield  the  right  of  way 
of  any  such  street,  avenue,  alley  or  other  public 
place  to  the  requirements  of  such  patrol  wagon  or 
other  vehicle  or  apparatus  of  said  police  department, 
or  the  horses  attached  thereto,  or  the  officers  in 
charge  or  having  control  thereof.  Any  person  or 


257 


persons  failing*,  neglecting  or  refusing  to  comply 
with  the  terms  and  provisions  of  this  section,  or  who 
shall  in  any  manner  impede  or  obstruct  the  ])rogress 
of  any  patrol  wagon,  ambulance  or  any  other  vehicle 
or  apparatus  of  the  police  department  of  the  city,  or 
the  horses  attached  thereto,  or  the  officers  in  charge 
thereof,  shall,  upon  conviction  thereof,  be  fined  not 
less  than  ten  nor  more  than  two  hundred  dollars  for 
each  and  every  offense.  ' [Ord.  No.  856.  Art.  3,  passed 
Nov.  24,  1911.] 

§452.  Receivii^  Gifts  Prohibited.  (Sec.  1)  No 
member  of  the  police  department  shall  receive  any 
gifts,  mone}"  or  thing  of  value,  or  derive  any  profits, 
benefit  or  advantage,  direct  or  indirect,  from  any 
prisoner  or  from  any  resident  citizen  by  reason  of 
his  being  a member  of'  the  police  force,  or  for  any 
services  rendered  by  him  as  a police  officer,  except 
his  lawful  compensation  as  such  officer,  and  his 
share  of  the  public  benefit.  Provided,  however,  pri- 
vate or  public  rewards  offered  from  outside  city  lim- 
its may  be  claimed  and  collected  by  any  member  of 
the  police  department  earning  same;  but  such  re- 
wards shall  be  turned  over  to  the  chief  of  police 
immediately,  a public  record  shall  be  kept  by  the 
chief  of  all  such  matters  and  he  shall  immediately 
turn  one-half  of  all  such  rewards  collected  to  the  in- 
dividual earning  same  and  the  other  half  shall  be 
paid  over  to  the  police  relief  fund. 

§453.  Repeal.  (Sec.  2) The  ordinance  entitled, 
‘^An  ordinance  relating  to  municipal  civil  service/^ 
passed  February  23d,  1911,  and  the  rules  and  regula- 
tions adopted  and  approved  thereunder,  shall  con- 
tinue in  full  force  and  effect,  and  no  provision  of  this 
ordinance  shall  be  construed  as  repealing,  modifying 
or  changing  any  j3i*o vision  of  said  sivil  service  ordi- 
nance or  any  rule  or  regulation  adopted  and  ap- 

258 


1 


proved  tbereiiiider,  but  all  other  ordinances  and 
})arts  of  ordinances  in  conflict  with  any  of  the  pro- 
visions of  this  ordinance  are  hereby  repealed.  [Ord. 
No.  85(),  Art.  4,  passed  Nov.  24,  1911.] 


ARTICLE  3. 

OF  THE  POLICE  DEPARTMENT  RELIEF  FUND. 

§454.  Fund  Created.  How  Administered.  (Sec. 
1)  There  is  hereby  created  in  the  city  a police  de- 
partment relief  fund,  which  shall  be  administered 
by  a board  composed  of  the  commissioner  of  public 
safety  and  two  members  of  the  police  department, 
under  such  rules  and  regulations  as  may  be  approved 
by  the  council.  Said  board  shall  be  designated  ‘‘The 
Policemen’s  Relief  Fund  Board.” 

§455.  Election  of  Members.  (Sec.  2)  Two  mem- 
bers of  the  police  department  shall  be  elected  annu- 
ally to  said  board  by  the  members  of  the  police  de- 
partment at  such  time  and  in  such  manner  as  may 
be  prescribed  by  the  rules  of  the  board  approved  by 
the  council.  The  commissioner  of  public  safety  shall 
prescribe  the  time  and  manner  in  which  the  first  two 
members  of  the  board  shall  be  elected. 

§456.  Board  Trustee  of  Funds.  Liability.  (Sec. 
3)  The  said  board  shall  be  the  trustee  of  all  moneys, 
securities  and  other  property  belonging  to  said  fund 
and  for  its  wrongful  acts  and  omissions,  as  such  trus- 
tee, the  members  thereof  shall  be  jointly  and  sever- 
ally liable. 


259 


§457.  President.  Secretary.  (Sec.  4)  The  com- 
missioner of  ])iiblic  safety  shall  be  president  of  said 
hoard,  and  the  clerk  of  the  police  department  shall 
he  secretary.  The  secretary  shall  keep  a full  record 
of  the  proceedings  of  the  hoard.  [Ord.  No.  891, 
])assed  Jan.  8,  1913.] 

§458.  Assessment  of  Members.  (Sec.  5)  There 
shall  be  paid  into  said  fund  an  assessment  of  seventy- 
five  cents  a month  by  each  member  of  the  i)olice  de- 
partment. The  auditor  shall  deduct  said  sum  from 
the  ])ay  due  each  member  for  the  last  half  of  each 
calendar  month,  and  draw  a warrant  for  the  total 
amount  deducted  in  favor  of  the  secretary  of  the 
hoard,  who  shall  cause  the  treasurer  to  place  the  total 
amount  thus  deducted  each  month  to  the  credit  of 
said  fund.  The  warrant  issued  to  the  secretary  by 
the  auditor  for  said  moneys  shall  be  taken  and  con- 
sidered a full  receipt  by  each  member  of  said  depart- 
ment, and  neither  the  auditor  nor  the  city  shall  be 
in  any  manner  liable  to  any  member  of  said  depart- 
ment for  the  said  sum  so  deducted  and  transferred 
to  the  treasurer  for  said  fund.  [Ord.  No.  891,  passed 
Jan.  8,  1913,  as  amended  by  Ord.  No.  902,  passed 
Apr.  2,  1913.] 

§459.  City  Treasurer  Custodian.  (Sec.  6)  The 
treasurer  of  the  city  shall  be  custodian  of  all  funds, 
securities  and  other  pi^operty  belonging  to  said  fund, 
and  shall  be  liable  upon  his  official  bond  therefor. 
[Ord.  No.  891,  passed  Jan.  8,  1913.] 

§460.  Money  Drawn  on  Warrants  Issued  by 
Auditor.  (Sec.  7)  The  treasurer  shall  hold  all  secur- 
ities and  other  property  belonging  to  said  fund  sub- 
ject only  to  the  written  order  of  said  board  as  wit- 
nessed by  the  signature  of  the  president  thereof  and 
attested  by  its  secretary.  The  treasurer  shall  pay 
out  the  money  in  said  fund  only  on  warrants  duly 

260 


drawn  by  the  auditor.  The  auditor  shall  draw  war- 
rants on  said  fund  upon  vouchers  duly  authenticated 
by  the  signature  of  the  president  of  said  board  at- 
tested by  the  secretary  thereof.  No  such  vouchers 
shall  be  made,  or  orders  made  on  the  securities  and 
other  pro])erty  held  by  the  treasurer  without  a rec- 
ord of  the  same  being  first  made  in  the  minute  book 
of  the  proceedings  of  the  board,  which  shall  be  kept 
by  the  secretary  of  said  board.  The  treasurer  shall 
keeii  such  books  of  account  and  records  as 
the  board  shall  prescribe.  All  books  relating  to 
said  funds  shall  at  all  times  be  subject  to  inspection 
by  the  board  or  any  member  thereof,  or  other  person 
interested.  Upon  removal  from  office  the  treasurer 
shall  deliver  to  his  successor  all  moneys,  securities 
and  other  property,  including  books  and  records  be- 
longing to  said  fund,  and  said  board  shall  do  like- 
wise as  to  its  successors.  [Ord.  No.  891,  passed  Jan. 
8,  1913,  as  amended  by  Ord.  No.  902,  passed  Apr.  2, 
1913.] 


§461.  Who  Shall  Receive  Benefits.  (Sec.  8)  No 
person  shall  be  entitled  to  the  benefits  of  any  of  the 
provisions  hereof  unless  he  now  be  or  hereafter  be- 
come a member  or  employe  of  the  police  department 
of  the  city  within  the  classified  service  of  the  civil 
service  regulations,  and  the  chief  of  police  of  the 
city,  or  a member  of  the  immediate  family  of  such 
person  and  dependent  on  him  and  without  other 
means  of  support. 

§462.  Board  May  Fine.  (Sec.  9)  The  board 
shall  have  the  power  to  fine  any  such  officer,  mem- 
ber or  employe  for  any  misconduct  or  breach  of  dis- 
cipline or  violation  of  the  rules  or  regulations  of  the 
department  and  to  collect  the  same  or  cause 
it  to  be  withheld  from  any  amount  that  is  or  may  be- 
come due  him. 


261 


§463.  Source  of  Revenue  for  Fund.  (Sec.  10) 
Tliere  slial]  be  paid  into  and  credited  to  said  fund 
money  derived  from  the  following  sources: 

1.  All  proceeds  from  sales  of  unclaimed  pro])- 

erty. 

'2.  All  moneys  received  from  tines  for  carrying 
concealed  weapons. 

3.  All  moneys  received  from  fines  imposed  upon 
members  of  the  police  department  for  the  violation 
of  law^s  or  the  rules  and  regulations  of  the  depart- 
ment. 

4.  Fifty  per  cent,  of  outside  rewards  collected 
by  any  member  of  the  police  department. 

5.  All  witness  fees  collected  by  members  of  the 
police  department  who  have  limited  hours  of  duty, 
for  testifying,  when  ‘'^on  duty,’’  in  any  criminal 
cases  in  the  justice,  county  or  district  courts  of  El 
Paso  County. 

6.  All  donations  and  gifts  which  may  be  made 
to  said  department  and  all  net  amounts  realized 
from  entertainments  given  under  the  auspices  or 
management  of  the  police  department. 

7.  A monthly  assessment  of  seventy-five  cents 
shall  be  paid  into  said  fund  every  month  by  every 
officer,  member  and  employe  in  said  department  of 
the  city. 

8.  The  mayor  shall  provide  in  his  annual 
budget  for,  and  the  council  shall  annually  appro- 
priate to  said  fund  ten  per  centum  of  all  moneys 
received,  in  the  fiscal  year  next  ensuing  said  appro- 
priation, from  licenses  upon  dogs,  automobiles  and 
motorcycles,  to  be  apportioned  semi-annually,  and 

262 


tlie  mayor  may  estimate  and  tJie  eoimcil  ai>[)ropriate 
sneli  additional  amount  to  said  fund  annually  as 
they  shall  deem  necessary  to  maintain  said  fund,  so 
that  the  relief  benefits  may  be  paid  in  accordance 
with  the  ]>rovisions  of  this  ordinance. 

§464.  Moneys  Not  Transferred  to  General  Fund. 

(Sec.  11)  Moneys  remaining  at  the  end  of  any  fiscal 
year  in  said  relief  fund  shall  not  be  transferred  to 
any  other  fund. 

§465.  Fund,  How  Invested.  (Sec.  12)  The  said 
fund  shall  be  invested  only  in  interest-bearing  bonds 
of  the  United  States,  of  the  state  of  Colorado,  or  of 
a city  of  the  first  class  in  the  United  States,  as  de- 
termined upon  and  approved  by  the  board. 

§466.  Sick  Benefits.  (Sec.  13)  Any  member  of 
the  police  department  who  is  unable  to  perform  the 
duties  of  the  employment  in  said  department  on  ac- 
count of  injury  or  sickness,  and  who  is  laid  off  on 
half  pay  on  account  of  such  injury  or  sickness,  shall 
receive  one  dollar  a day  from  the  relief  funds  above 
provided  for  such  time  only  as  he  is  laid  off  and  re- 
ceives half  pay  from  the  city. 

§467.  Total  Disability.  Payment.  (Sec.  14)  If 
any  member  or  employe  of  the  police  department  suf- 
fer permanent  total  disability  caused  solely  by  phys- 
ical injury  received  while  engaged  in  the  perform- 
ance of  his  duty  in  the  service  of  said  department 
and  be  thereby  rendered  unable  to  perform  his  duty 
as  such  officer,  member  or  employe,  or  otherwise  to 
support  himself  and  family,  he  shall  be  retired  from 
service,  and  instead  of  his  salary  from  said  depart- 
ment he  shall  be  paid  monthly  from  said  fund  an 
amount  equal  to  one-half  the  average  monthly  salary 
he  was  in  receipt  of  during  one  year  next  before  the 
time  of  such  injury  so  long  as  the  existence  of  such 

263 


(lisa])ility  may  from  time  to  time  be  attested  to  in 
writing-  by  two  regularly  certified  practicing  pliysi- 
(‘ians  a])pointed  by  the  board  for  the  purpose  of  as- 
certaining the  (‘ondition  of  such  officer,  member  or 
employe. 

§468.  When  Deemed  Totally  Disabled.  (Sec. 
15)  No  such  officer,  member  or  employe  shall  be 
deemed  to  be  permanently  totally  disabled  until 
after  the  ex])iration  of  ninety  days  from  the  time  of 
snfi'ering  any  injury,  but  for  said  period  shall  be 
deemed  to  be  temporarily  disabled  only  and  paid  his 
salary  by  said  department  in  accordance  with  the 
rules  in  such  case  made  and  provided.  In  case,  how- 
ever, his  disability  continues  after  suffering  any 
injury  more  than  ninety  days,  he  shall  for  such  per- 
iod in  excess  of  said  ninety  days  be  conclusively 
deemed  to  be  permanently  disabled,  ])rovided  his 
case  otherwise  be  within  the  terms  of  this  act. 

§469.  Benefits  to  Dependent  in  Case  of  Death. 
From  Injury,  (^ec.  16)  If  any  such  officer,  member 
or  employe  die  solely  from  physical  injury,  received 
while  in  the  ]:>erformance  of  his  duty  in  the  service 
of  said  de])artment,  leaving  a family  theretofore 
dependent  upon  him  and  then  without  other  ade- 
(|uate  means  of  support,  the  board  shall  direct  the 
monthly  i>ayments  from  said  fund  to  the  members 
of  such  dependent  family,  during  the  continuance  of 
such  dependent  condition,  a sum  in  accordance  with 
the  following  schedule,  but  if  the  aggregate  thereof 
in  any  case  exceeds  one-half  of  the  average  monthly 
salary  received  by  such  decedent  during-  the  year 
next  before  his  death,  then  the  payments  in  such 
case  shall  be  ])roportionately  abated.  The  schedule, 
above  referred  to,  is  as  follows: 


To  the  decedent’s  mother.  $6.00 

To  the  decedent’s  father $6.00 


264 


To  eadi  Hiild  under  the  ai>e  of  14  years,  ])aya- 

ble  to  the  custodian  thereof $6.00 

To  the  widow  until  she  marries $80.00 

# 

§470.  Who  May  Be  Retired.  (See*.  17)  Any 
inemher  or  employe  of  said  department  who  has  been 
in  the  serivee  of  the  ])olice  department  in  the  city 
for  twenty  years  or  more,  or  is  sixty  years  of  age, 
may  make  application  to  he  relieved  from  service, 
and  if  on  examination  by  two  regularly  certified  and 
])racticing  physicians,  appointed  by  said  board,  the 
applicant  shall  be  ascertained  to  be,  by  reason  of 
infirmity  or  disability,  unfit  for  the  performance  of 
his  duties,  and  such  facts  be  certified  to  the  board 
by  such  physicians,  the  board  shall  grant  such  appli- 
cation, and,  instead  of  his  salary  from  the  depart- 
ment, there  shall  be  paid  monthly  from  said  fund  to 
the  applicant  an  amount  equal  to  one-half  the  aver 
age  monthly  salary  he  received  during  the  next  year 
before  the  time  of  filing  said  application.  The  board 
may,  in  its  discretion,  retire  any  such  officer,  mem- 
ber or  eni])loye  on  the  terms  aforesaid  who  has  at- 
tained the  age  and  been  in  the  service  as  aforesaid, 
and  by  an  examination  as  aforesaid  may  be  ascer- 
tained to  be  unable  to  perform  his  duties,  without 
a])plication  for  relief  from  service  having  been  made. 

§471.  Board  May  Assign  Beneficiary  to  Per- 
form Duties.  Compensation.  (Sec.  18)  The  board 
may,  in  its  discretion,  assign  any  member  or  em- 
ploye receiving  benefits  under  any  of  the  ]>ro visions 
hereof  to  the  performance  of  such  duties  in  the  de- 
partment  as  they  might  be  capable  of  discharging, 
and  in  such  cases  the  person  so  assigned  shall  receive 
as  monthly  benefits  only  the  difference,  if  any,  be- 
tween the  monthly  compensation  attached  to  the 
position  to  which  he  may  be  assigned  and  one-half 

265 


liis  monthly  salary  during-  one  year  next  before  the 
time  of  liis  disability  or  infirmity. 

§472.  Benefits  Pro  Rated  When  Funds  Insuffi- 
cient to  Pay  in  Full.*  {^'ee.  19)  If  at  any  time  the 
money,  seenrity  and  otlier  ])roperty  to  the  credit  of 
said  fund  he  insufficient  to  make  the  monthly  pay- 
ments accruing  hereunder,  then  the  beneficiaries 
shall  e(]iially  pro  rate  until  such  time  as  the  condi- 
tion of  such  fund  warrants  the  payment  of  their  ben- 
efits in  full.  Arrearages  of  lienefits  for  one  year  may 
be  paid  in  any  future  year  and  shall  enter  into  and 
form  part  of  the  basis  of  distribution  for  such  year, 
but  shall  not  otherwise  he  preferred. 

§473.  Benefits  Not  Subject  to  Levy  or  Attach- 
ment. (Sec.  20)  No  portion  of  said  fund  shall  before 
or  after  its  order  for  distrilmtion  he  held,  seized, 
taken  or  subjected  to  or  detained,  or  levied  ni:>on  by 
virtue  of  any  attachment,  execution,  injunction, 
writ,  interlocutory,  or,  other  order  or  decree,  or  any 
])rocess  or  ])roceeding  whatever  issued  out  of  or  by 
any  court,  or  by  any  court  of  this  state,  for  the  pay- 
ment or  satisfaction,  in  whole  or  part,  of  any  debt, 
claim,  demand  or  judgment  against  any  beneficiary 
of  said  fund,  hut  said  fund  shall  be  held  and  distrib- 
uted for  the  ])ui*])ose  of  this  act  and  for  no  other  pur- 
])ose  whatever. 

§474.  City  Attorney  Advise  Board.  ( Sec.  21 ) 
It  shall  he  the  duty  of  the  city  attorney  to  give  ad- 
vi(*e  to  the  l)oard  in  all  matters  pertaining  to  their 
duties  and  management  of  said  fund  whenever  re- 
quired. And  he  shall  represent  and  defend  said 
board  as  its  attorney  in  all  suits  or  actions  at  lavf  or 
in  equity  that  may  he  brought  against  it  and  bring 
all  suits  and  actions  in  its  behalf  that  may  he  re- 
(juired  or  determined  upon  by  said  hoard. 


266 


§475.  Board  Report  to  Mayor  a;id  Council. 

(Sec.  2:^)  On  or  before  the  first  ^loiiday  of  November 
in  each  year  the  said  board  shall  report  to  the  mayor 
as  to  the  condition  of  said  fund  and  shall  on  or  be- 
fore the  15th  day  of  »lanuary  of  each  year  make  a 
full  detailed  report  to  the  council  of  receipts  and 
expenditures  on  account  of  said  fund  for  the  preced- 
ini>-  year. 

§476.  Council  May  Chang'e  or  Repeal.  (Sec.  23) 
The  council  shall  have  power  at  any  time  to  change 
or  repeal  any  of  the  provisions  hereof,  including 
those  prescribing  the  tenns,  conditions  and  amounts 
to  be  paid  to  or  from  said  fund,  notwithstanding 
service  in  said  department,  or  donation  or  payment 
into  said  fund  of  any  amount  by  such  officer,  mem- 
ber or  employe  or  any  other  person. 

§477.  Repeal.  (Sec.  24)  All  ordinances  and 
parts  of  ordinances  in  conflict  with  any  of  the  provi- 
sions of  this  ordinance  are  hereby  repealed;  and  all 
laws  of  this  state  in  conflict  with  any  of  the  provi- 
sions of  this  ordinance  hereby  are  superseded.  [Ord. 
No.  891,  passed  Jan.  8,  1913.] 


ARTICLE  4. 

OF  THE  RESTRAINT  OF  ANIMALS,  AND  THE 
BIPOUNDING  AND  DISPOSAL 
OF  ANIiMALS. 

§478.  Running  at  Large.  Herding.  Penalty. 

(Sec.  32)  It  shall  be  unlawful  for  horses,  mules, 
burros,  cattle,  sheep,  swine,  goats,  geese,  or  any  of 

267 


tlieiii  to  rim  at  lari>e  or  be  herded  within  this  city, 
inidei*  ]ienalty  of  one  dollar  for  each  such  animal 
so  jiermitted  to  run  at  large  or  be  herded,  with  the 
costs  of  impounding*  as  hereinafter  provided,  to  be 
])aid  by  the  owner  or  person  having*  charge,  care  or 
kee])ing*  thereof,  severally  and  respectively. 

§479.  City  Pound.  * (Sec.  33)  There  shall  be 
])i*ovided  and  maintained  in  some  suitable  place 
within  or  near  this  city,  a pound  for  the  impounding 
of  all  animals  found  running  at  large  within  this 
city,  contrary  to  the  provisions  of  this  chapter, 
which  shall  be  under  the  charge  of  the  chief  of  po- 
lice. 

§480.  Animals  to. Be  Impounded.  (Sec.  34)  It 

shall  be  the  duty  of  the  members  of  the  police  de- 
partment and  any  resident  of  the  city  over  the  age 
of  eighteen  years  is  hereby  authorized  to  take  up 
any  such  animal  running  at  large  contrary  to  the 
])i*o visions  of  this  chapter,  and  to  drive  or  take  the 
same  to  the  pound,  and  the  keeper  of  the  pound 
shall  receive  and  safely  keep  therein  such  aninials 
until  redeemed  or  disposed  of  as  provided  by  law. 

§481.  Charges  for  Impounding.  (Sec.  35) 
There  shall  be  charged  for  pounding  sustenance 
for  each  animal  impounded  fifty  cents  for  each  day 
or  part  thereof,  in  addition  to  the  penalty  of  one 
dollar  hereinbefore  provided;  and  there  shall  also 
be  charged  twenty-five  cents  for  making*  the  affi- 
davit and  one  dollar  for  posting*  the  notices  re- 
(piired  by  law.  All  moneys  collected  by  the  chief  of 
])olice  or  any  pound  keeper  under  the  provisions  of 
this  chapter  shall  be  paid  to  the  treasurer  the  same 
day  as  received. 

§482.  Procedure.  (Sec.  36)  When  any  animal 
shall  be  impounded  under  the  provisions  of  this 


268 


ctia])ter,  the  system  of  procedure  in  regard  tliereto 
shall  he  as  provided  by  law. 

§483.  Persons  Not  to  Purchase.  Penalty.  (Sec. 
37)  No  ])erson  shall  purchase  or  he  interested  di- 
rectly or  indirectly  in  the  purchase  of  any  animal 
taken  ip),  impounded  or  sold  by  him  under  the  pro- 
visions of  this  chapter,  under  a penalty  of  not  less 
than  twenty  nor  more  than  fifty  dollars  for  each  of- 
fense. 

§484.  Breaking  Pound.  (Sec.  38)  If  any  per- 
son shall  break  open,  or  in  any  manner,  directly  or 
indirectly,  aid  or  assist  in  or  counsel  or  advise  the 
breaking*  open  of  any  city  pound,  he  shall  be  fined 
not  more  than  twenty  dollars  for  each  offense. 

§485.  Hindering  Taker  of  Animals.  (Sec.  39) 
No  person  shall  hinder,  delay  or  obstruct  any  per- 
sons engaged  in  taking  to  the  city  pound  any  ani- 
mal liable  to  be  impounded,  under  penalty  of  not  less 
than  five  nor  more  than  twenty  dollars  for  each  of- 
fense. 

§486.  Unlawful  Taking.  (Sec.  40)  Any  person 
who  shall  take  or  drive  away  any  animal  from  any 
enclosed  lot  or  tract  of  ground,  or  from  any  stable 
or  other  building,  to  the  pound,  or  with  the  intent 
that  such  animal  may  be  impounded,  shall  be  fined 
not  less  than  five  nor  more  than  twenty  dollars  for 
each  offense. 

§487.  No  Perquisites.  (Sec.  41)  No  pound 
keeper  shall  receive  any  other  compensation  or  per- 
quisite than  his  salary  which  shall  be  fixed  by  the 
council. 

§488.  Keep  Pound  Clean.  (Sec.  42)  No  pound 
kee])er  shall  allow  his  pound  or  any  animal  therein, 
by  reason  of  any  want  of  care,  food,  ventilation  or 

269 


(‘leanliness,  to  be  or  to  become  dangerous  or  detri- 
mental to  human  health.  [Ord.  No.  730,  Chap.  7, 
passed  A])r.  3,  1907.] 

§489.  Herding  Forbidden.  Penalty.  (Sec.  3) 
No  animals  shall  be  herded  within  the  corporate 
limits  of  this  city,  and  herders  are  hereby  required 
to  take  animals  to  l)e  herded  from  the  owner^s  en- 
closure and  to  deliver  such  animals  back  into  such 
enclosure,  and  in  no  case  shall  a herder  leave  an 
animal  outside  an  enclosure,  within  the  city  limits, 
unattended  by  a person,  and  any  person  violating 
aUy  of  the  ])rovisions  of  this  section  shall,  upon  con- 
viction, be  fined  in  a sum  not  less  than  five,  nor  more 
than  twenty-five  dollars  for  each  offense. 

§490.  Turning  Animal  Loose.  Penalty. 

(Hec.  -I)  Any  ])erson  who  shall  turn  loose 
upon  any  street,  alley  or  outside  of  an  en- 
(‘losure  any  horse,  cattle,  ass,  mule,  sheep, 
swine  or  goat,  or  any  of  them,  within  the  cor- 
])orate  limits  of  this  city,  and  leave  such  animals  to 
wander  about  at  will  and  unattended  by  a person, 
shall  be  deemed  guilty  of  an  otfense  and,  upon  con- 
viction thereof,  shall  be  fined  in  a sum  not  less  than 
five,  nor  more  than  fifty  dollars.  [Ord.  No.  509, 
])assed  Dec.  20,  1897,  as  amended  by  Ord.  No.  893, 
passed  Jan.  23,  1913.] 

§491.  Cruelty  to  Animals.  (Sec.  231)  No  per- 
son shall  overload,  overdrive,  overwork,  cruelly  beat, 
torture,  torment,  mutilate  or  cruelly  kill  any  animal 
or  cause  the  same  to  be  done.  No  person  shall 
cruelly  work  or  cruelly  abandon  any  old,  maimed, 
infirm,  sick  or  disabled  animal  or  cause  the  same  to 
be  done  or  fail  to  provide  any  animal  in  his  charge 
or  custody  as  owner  or  otherwise  with  proper  food, 
drink  or  shelter.  [Ord.  No.  730,  passed  Apr.  3, 
1907.] 


270 


CHAPTER  VI 

OF  PUBLIC  OFFENSES  AND  PENALTIES. 


ARTICLE  1. 

OFFENSES  CONCERNING  THE  PllBLTC  PEACE. 

§492.  Misdemeanors  Defined.  Penalty.  (Sec. 
225)  Each  of  the  following  sections  of  this  chapter 
shall  be  deemed  to  state  a misdemeanor  or  misde- 
meanors, which  if  severall}^  or  jointly  committed  by 
any  person  or  persons  within  the  territorial  jurisdic- 
tion of  this  city,  shall  subject  the  offender  or  offend- 
ers severally  to  a penalty  of  not  less  than  two  nor 
more  than  three  hundred  dollars  for  each  offense  and 
the  cost  of  prosecution.  [Ord.  No.  730,  passed  Apr. 
3,  1907.] 

§493.  Assault.  (Sec.  252)  No  person  shall  com- 
mit an  assault  or  assault  and  battery  within  the  jur- 
isdiction of  this  city. 

§494.  Loud  Noises.  Riotous  Conduct.  (Sec. 
253)  No  person  shall  make  or  create  any  loud  or  un- 
usual noises  by  blowing  of  horns,  bugles  or  other 
instruments,  or  by  the  beating  of  drums,  kettles  or 
other  sounding  vessels  or  instruments  or  by  the  ring- 
ing of  bells  or  crying  of  goods  tending  to  the  collec- 
tion of  persons  on  the  street  or  sidewalk  or  by  loud  or 
boisterous  laughing  or  by  singing,  bellowing,  whoop- 
ing, screaming,  swearing  or  cursing.  No  person 
shall  disturb  the  peace  of  any  street,  avenue,  alley, 
neighborhood  or  other  person  by  conducting  him- 
self in  a tumultuous,  riotous,  indecent,  disorderly 
or  offensive  manner. 

§495.  Loitering.  (Sec.  254)  No  person  or  per- 
sons shall  loiter  or  congregate  about  or  upon  any 
stairway,  doorway,  window  or  in  front  of  any  busi- 


271 


ii(*ss  oi*  (hvollini>-  Jioiise,  tJieatre,  churc'li  or  street  eor- 
ii(‘r  or  elsewliere  and  by  so  doing  obstruct  or  inter- 
Fere  with  the  free  passage  of  persons  entering  or 
o(‘(‘npying  any  such  building  or  premises,  or  by  tlieir 
language,  conversation  or  conduct,  annoy,  insult  or 
(listurl)  ])ersons  passing  along  the  streets  or  alleys. or 
o(‘cui)ying,  residing  or  doing  business  in  any  of  said 
houses  oi‘  places. 

§496.  Keeping  Dogs.  (Sec.  255)  No  person  shall 
k(‘e])  any  dog,  calf  or  other  animal  shut  up  or  tied 
up  in  any  yard,  house  or  other  place  which  by  bark- 
ing, howling,  bawling  or  other  noises  shall  disturb 
the  peace  and  quiet  of  any  family,  individual  or 
neighborhood. 

§497.  Breach  of  Peace.  (Sec.  256)  No  person 
shall  commit  a breach  of  the  peace  or  shall  use  any 
})rofane  or  indecent  language  or  be  guilty  of  any 
violent  or  threatening  language  or  conduct  tending 
to  })rovoke  a breach  of  the  peace. 

§498.  Disorderly  Conduct.  (Sec.  257)  No  per- 
son shall  be  guilty  of  any  disorderly  conduct,  nor 
shall  make,  aid,  countenance  nor  assist  in  making 
any  improper  noise,  riot  or  disturbance;  nor  shall 
Iversons  congregate  together  in  any  street,  alley  or 
public  place  for  unlawful  purposes,  nor  for  a lawful 
])urpose  in  a riotous  or  tumultuous  manner  to  the 
annoyance  of  the  citizens  or  travelers  therein,  or  aid 
or  abet  the  same. 

§499.  Disturbing  Religious  Services.  Lawful 
Assemblies.  (Sec.  258)  No  person  shall  disturb  any 
school  or  any  congregation  or  assembly  meeting  for 
religious  worship  or  any  other  lawful  purpose,  by 
making  a noise  or  by  rude  or  indecent  behaviour  or 
by  profane  discourse  within  such  meeting  or  so  near 
the  same  as  to  disturb  the  order  or  solemnity  of  such 
meeting. 


272 


§500.  False  Alarm  of  Fire,  Etc.  (See.  259)  No 
])ersoii  shall  make  a false  alarm  of  fire  by  outcry  or 
by  using' any  bell  or  other  vsounding  instrument,  nor 
shall  any  ])ei\son  make  any  false  alarm  of  any  kind 
calculated  to  disturb  the  ])eace. 

§501.  Carrying  Concealed  Weapons.  (Sec.  260) 
No  person  shall  carry  or  wear  under  his  clothes  or 
concealed  about  his  person,  any  pistol,  revolver, 
bowie  knife,  dirk  or  other  deadly  weapon.  No  per- 
son shall  display  or  flourish  any  deadly  weapon  in 
a threatening  or  boisterous  manner.  This  section 
shall  not  apply  to  police  officers  when  on  duty,  and 
the  mayor  may  grant  to  any  and  all  such  persons  as 
he  may  think  proper,  license  to  carry  concealed 
weapons  and  may  revoke  any  and  all  such  licenses 
at  his  pleasure.  Each  such  license  shall  state  the 
name,  age,  occupation  and  residence  of  the  person 
to  whom  it  is  granted  and  each  such  license  shall 
expire  with  the  current  municipal  year. 

§502.  Resistance  to  Officer.  (Sec.  261)  No  per- 
son shall  unlawfully  resist  any  police  officer  in  the 
discharge  of  his  duties  nor  shall  wilfully  refuse  to 
assist  any  police  officer  when  making  an  arrest  when 
called  upon  so  to  do.  No  person  shall  interfere  with 
any  police  officer  or  any  person  authorized  and 
required  to  enforce  the  laws  of  the  city  or  prevent, 
hinder  or  delay  such  person  in  the  execution  of  the 
duties  required  of  him  by  any  of  the  ordinances  of 
this  city  or  the  laws  of  the  state. 

§503.  Interfering  With  Funeral  Procession. 

(See.  272)  No  person  shall  stop,  pass  through  or  oth- 
erwise interfere  with  any  funeral  procession  while 
such  procession  is  moving.  This  section  shall  not 
apply  to  the  tire  department  of  the  city  in  going  to 
fires. 


273 


§504.  Drunkenness.  (Sec.  226)  No  person  shall 
he  intoxicated  in  or  upon  any  street,  alley,  park,  or 
public  place  or  place  open  to  public  view,  nor  be 
found  in  a state  of  intoxication  in  any  private  house, 
building'  or  ])remises  not  occupied  by  such  person, 
to  the  annoyance  of  any  other  person,  nor  when  in- 
toxicated shall  disturb  the  peace  of  the  public  or  his 
own  or  any  other  family.  [Ord.  No.  730,  passed 
Apr.  3,  1907.] 


ARTICLE  2. 

OFFENSES  AFFECTING  THE  SAFETY  OF 
PERSONS  AND  PROPERTY. 

§505.  Use  of  Firearms  and  Explosives.  (Sec. 
241)  No  person  shall  fire  or  discharge  any  cannon, 
gun,  pistol  or  other  firearms  or  set  off,  fire  or  ex- 
plode any  torpedo,  firecracker,  fireball,  rocket  or 
other  fireworks  whatsoever  or  make  or  kindle  any 
bonfire,  provided,  however,  that  the  mayor  may  by 
proclamation,  suspend  the  operation  of  the  provi- 
sions of  this  section  in  whole  or  in  part  on  the  4th 
day  of  July  or  on  any  other  day  of  public  rejoicing; 
and  provided,  further,  that  the  discharge  of  firearms 
by  the  members  of  any  military  company  when  on 
parade  and  in  accordance  with  the  command  of  the 
commanding  officer,  or  by  any  city  officer  or  other 
person  in  the  discharge  of  any  regular  duty,  or  nec- 
essary or  lawful  act,  the  same  being  done  in  a proper 
and  careful  manner,  shall  not  l)e  deemed  a violation 
hereof.  [Ord.  No.  730,  passed  Apr.  3,  1907.] 

§506.  Toy  Pistols.  Cannon  Firecrackers.  (Sec. 
1)  It  shall  be  unlawful  for  any  person  within  the 

274 


I 


c()ri)orate  limits  of  tlie  city  of  Colorado  Springs,  to 
liave  in  possession,  use,  sell  or  give  away  any  instni- 
ment,  toy  or  weapon  commonly  known  as  a toy  pis- 
tol, using  fulminate  paper  caps  or  copper  shelled 
blank  cartridges,  or  to  have  in  possession,  use,  sell 
or  give  away  any  ex])losive  bombs  known  as  cannon 
firecrackers. 

§507.  Penalty.  (Sec.  2)  Every  person  convicted 
of  a violation  of  this  ordinance  shall  be  fined  not  less 
than  ten  dollars  nor  more  than  forty  dollars  for  each 
offense.  [Ord.  No.  673,  passed  June  27,  1904.] 

§508.  Toy  Weapons.  (Sec.  1)  It  shall  be  un- 
lawful for  any  person  within  the  corporate  limits  of 
the  city  of  Colorado  Springs  to  have  in  possession, 
or  to  make,  use,  sell  or  offer  for  sale  any  instrument, 
toy  or  weapon  commonly  known  as  a pea-shooter, 
sling  or  beany,  made  for  the  purpose  of  throwing 
)3rojectiles  by  means  of  elastic  rubber,  cords  or 
bands,  or  other  India  rubber  parts,  or  by  means  of 
springs  or  any  air-gun,  whether  such  instrument  is 
called  by  any  name  above  set  forth,  or  by  any  other 
name. 

§509.  Penalty.  (Sec.  2)  Every  person  convicted 
of  a violation  of  this  ordinance  shall  be  fined  in  a 
sum  not  less  than  one  dollar,  nor  more  than  twenty 
dollars  for  each  offense.  [Ord.  No.  513,  passed  Dec. 
27,  1897.] 

§510.  Vagrants.  (Sec.  230)  Any  person  being 
able-bodied  and  not  having  any  visible  means  of  sup- 
port who  is  found  loitering  or  rambling  about  or 
wandering  abroad  and  sleeping  and  lodging  in  out- 
houses, sheds  or  stables  or  in  the  open  air  or  shall 
be  found  trespassing  in  the  night  time'  upon  private 
premises  and  not  giving  good  account  of  himself, 
or  wandering  abroad  and  going  from  door  to  door 


275 


or  ])eggiiig-  in  the  streets  or  other  public 
])laces  and  any  ])erson  upon  whom  shall  be  found 
any  instrument  or  thing  for  burglarizing  or  for  pick- 
ing locks  or  ])ockets  who  can  not  give  a good  account 
of  the  i)ossession  of  same  shall  be  deemed  a vagrant 
and  shall  be  fined  not  less  than  ten  nor  more  than 
fifty  dollars. 

§511.  Riding  or  Driving  on  Streets,  Turn  to  the 
Right.  (Hec.  242)  Persons  meeting  each, other  rid- 
ing or  driving  any  horse,  wagon,  bicycle  or  other 
vehicle  on  any  street,  alley  or  public  place,  shall  turn 
and  go  to  the  right  so  as  to  pass  each  other  without 
collision  or  accident. 

§512.  Fast  and  Reckless  Driving.  (Sec.  243) 
No  person  shall  ride  or  drive  or  cause  to  be  ridden 
or  driven,  any  animal  in  any  street,  avenue,  alley, 
or  public  place  at  an  immoderately  fast  or  reckless 
pace,  nor  shall  ride  or  drive  any  such  animal  or  any 
vehicle  so  as  to  come  into  collision  with  any  other 
object  or  to  endanger  the  safety  of  any  person.  All 
persons  riding  or  in  charge  of  or  driving  any  horse 
or  other  animal,  on  approaching  any  street  crossing 
or  turning  a corner  on  any  street,  avenue,  alley  or 
public  place,  shall  hold  in  their  animals  and  slacken 
their  speed  until  the  crossing  is  passed  or  the  corner 
turned. 

§513.  Horses  on  Sidewalk  Unfastened.  (Sec. 
244)  No  person  shall  drive,  ride,  fasten  or  leave 
standing,  any  horse,  mule  or  other  animal  on  any 
sidewalk  or  leave  standing  unfastened  any  of  the 
animals  aforesaid  on  any  street,  avenue,  alley  or 
other  public  place,  or  leave  any  of  such  animals  in 
harness  or  attached  to  any  wagon  or  other  vehicle 
so  that  said  animal  may  be  liable  to  run  away.  No 
person  shall  stop  any  animals  or  vehicles  in  any 
street,  alley  or  other  public  way  in  such  manner  as 

276 


to  prevent  other  animals,  vehicles  or  persons  passing- 
at  all  times;  or  stop  any  animals  or  vehicles  at  the 
regular  crossings  of  streets  so  as  to  prevent  free 
access  for  foot  passengers.  This  section  shall  not 
be  construed  to  prevent  any  person  from  riding  or 
driving  over  any  sidewalk  into  any  lot  by  the  usual 
mode  of  ingress  or  egress  for  vehicles. 

§514.  Bicycles.  Riding  on  Sidewalks.  Parks. 

(Sec.  245)  No  person  except  upon  permit  of  the  may- 
or, shall  ride  any  bicycle  or  motorcycle  on  any  side- 
walk or  in  any  park.  No  person  shall  ride  any  bi- 
cycle or  motorcycle  in  any  street,  alley  or  avenue  at 
a fast  or  reckless  speed  or  so  as  to  endanger  the 
safety  of  any  other  person.  [Ord.  No.  730,  passed 
Apr.  3,  1907.] 

§515.  Rules  of  the  Road.  Exceptions.  Duty 
of  Police.  Of  Garages,  Etc.  (Sec.  1)  The  owner, 
operator,  driver  or  person  in  charge  of  any  carriage 
or  other  vehicle  driven,  drawn  or  propelled  upon 
the  streets  of  the  city  of  Colorado  Springs,  shall  con- 
form to  and  observe  the  following  rules  of  the  road 
upon  all  streets,  alleys,  avenues  and  public  places  in 
the  city  of  Colorado  Springs. 

1.  A^ehicles  shall  be  driven  in  a careful  manner 
and  with  due  regard  for  the  safety  and  convenience 
of  other  vehicles  and  pedestrians. 

2.  Adelaides  shall  keej)  to  the  right  side  of  the 
street  except  when  necessary  to  turn  to  the  left  in 
crossing  or  in  overtaking  other  vehicles.  Where 
streets  are  parked  in  the  center,  and  have  roadways 
of  not  less  than  twenty-five  feet  in  width  on  each 
side  of  the  parking,  each  roadway  shall,  for  the  pur- 
poses of  this  rule,  be  considered  a street. 

3. ^  Ahhicles  meeting  shall  pass  each  other  to  the 
right. 


4.  \'ehicles  overtaking  other  veliieles,  except 
when  the  overtaking  vehicle  is  a street  car,  shall  kee]) 
to  the  left  of  the  overtaken  vehicle  in  passing.  When 
the  overtaken  vehicle  is  a streetcar,  the  driver  of  the 
overtaken  vehicle  may  pass  to  the  left  or  to  the  right 
of  it  as  the  condition  of  traffic  in  the  street  at  the 
time  may  make  it  safer  or  more  convenient.  The 
driver  of  the  overtaking  vehicle,  however,  shall  keep 
his  vehicle  at  not  less  than  four  feet  from  the  running 
board  of  the  streetcar  in  passing,  and,  when  the 
streetcar  overtaken  is  stopping  for  the  purpose  of 
taking  on  or  discharging  passengers,  the  driver  of 
an  automobile  or  motorcycle  shall  give  an  audible 
signal  of  his  approach,  and  drivers  of  other  vehicles 
shall,  so  far  as  practicable,  give  audible  or  visible 
signals  of  their  approach.  Drivers  of  all  vehicles 
when  approaching  a street  car  which  has  stopped, 
shall  proceed  with  great  caution,  and  shall,  unless 
the  roadway  is  sufficiently  unobstructed  to  make  it 
safe  to  pass,  stop  until  the  streetcar  has  started 
again. 

5.  A'ehicles  moving  slowly  shall  keep  as  close 
as  possible  to  the  curb  on  the  right,  allowing  more 
swiftly-moving  vehicles  free  passage  to  their  left. 

().  Drivers  of  vehicles  shall,  before  turning, 
stopping  or  changing  their  course,  make  sure  that 
such  movement  can  safely  be  made. 

7.  Vehicles  turning  to  the  right  into  another 
street  shall  ]:>ass  and  turn  the  corner  as  near  to  the 
right  hand  curb  as  possible. 

8.  Vehicles  turning  to  the  left  into  another 
street  within  the  tire  limits  (and  elsewhere  in  the 
city,  whenever  necessary  to  avoid  traffic  approach- 
ing on  the  other  street)  shall,  in  turning,  ]>ass  to  the 

278 


of  and  beyond  the  interseetion  of  the  center 
lines  of  tlie  two  streets. 

9.  \'ehieles  crossing'  from  one  side  of  the  street 
to  the  other,  within  the  tire  limits,  shall  do  so  by 
turning  to  the  left  so  as  to  head  in  the  same  direction 
as  the  traffic  on  that  side  of  the  street  toward  which 

the  crossing  is  made. 

( * 

10.  No  vehicle  shall  stop  within  the  tire  limits 
with  its  left  side  to  the  curb. 

11.  No  vehicle  shall  be  driven  through  a pro- 
cession except  with  the  permission  of  a police  offi- 
cer. 


12.  No  vehicle  shall  cross  any  main  thorough- 
fare, within  the  tire  limits,  or  make  any  turn  thereon 
at*a  greater  speed  than  eight  miles  per  hour. 

18.  No  vehicle  used  for  the  transportation  of 
goods  or  merchandise  shall  remain  backed  up  to  or 
standing  at  the  curb  except  when  actually  loading 
or  unloading,  and  in  such  case,  no  longer  than  the 
actual  unloading  or  loading  requires.  The  horse 
or  horses  attached 'to  the  vehicle  backed  up  to  the 
curb  shall  be  turned  at  right  angles  to  the  vehicle 
and  facing  in  the  direction  in  which  the  traffic  upon 
that  side  of  the  street  is  moving. 

Id.  No  vehicle  vshall  remain  standing  at  the 
curb  or  on  the  roadway  of  any  street  so  as  to  impede 
traffic  or  obstruct  free  access  to  the  street,  and  any 
vehicle  so  standing  at  the  curb  or  in  the  roadway, 
shall  move  away  at  the  request  of  a police  officer 
or  the  owner  of  the  abutting  ])roperty. 

15.  No  vehicle  shall  stop  on  any  crosswalk  for 
a longer  period  than  necessary  to  permit  the  occu- 
pant to  alight  or  persons  to  enter  said  vehicle,  or  in 

279 


siieli  manner  as  to  obstruct  free  i)assage  upon  said 
('rosswalk. 

,1().  No  vehicle  shall  stop  on  any  street  except 
within  two  feet  of  the  curb,  or  in  such  a way  as  to 
obstruct  free  passage  of  the  street. 

17.  The  drivers  of  any  vehicle  shall  sto]>  upon 
the  signal  of  a police  officer. 

18.  The  officers  and  men  of  the  fire  department, 
with  their  fire  apparatus  of  all  kinds,  when  on  duty 
or  going  to  or  returning  from  a fire,  and  the  officers 
and  men  and  vehicles  of  the  police  department  and 
all  ambulances  and  patrol  wagons  shall  have  the 
right  of  way  in  any  street  and  through  any  proces- 
sion, exce])t  over  vehicles  carrying  the  United 
States  mail. 

19.  No  vehicle  shall  be  allowed  to  remain  u])on, 
or  be  driven  through  any  street  of  the  city  of  Colo- 
rado Springs  so  as  to  wilfully  blockade  or  obstruct 
the  said  street,  and  no  vehicle  shall  be  so  overloaded 
that  the  horse  or  horses  or  motive  ])ower  shall  be  un- 
able to  move  it  readily. 

20.  No  vehicle  used  exclusively  or  primarily 
for  advertising  purposes  or  displaying  advertising 
matter  shall  be  allowed  in  the  fire  limits,  without 
permission  of  the  mayor  or  chief  of  police. 

21.  The  police  department  shall  have  full  pow- 
ers and  duties  in  relation  to  the  management  of 
vehicular  traffic  in  The  city. 

22.  The  ])olice  department  shall  see  that  this 
ordinance  is  ])osted  in  all  ]mblic  stables  and  at  all 
garages,  and  shall  keep  copies  of  them  at  all  of  its 
stations  and  issue  them  ui)on  application.  And  it 
shall  be  the  duty  of  the  owners  and  persons  in  charge 
of  all  ])ublic  stables,  garages  and  other  stables  where 

280 


vehicles  are  ke])t  foi*  hire,  to  see  that  tiiis  ordinance 
is  kept  ])osted  therein.  It  also  shall  be  the  duty  of 
all  ])ersons  keejung-  and  operating  delivery  wagons, 
truck,  and  similar  vehicles  to  keep  a copy  of  these 
regulations  posted  in  conspicuous  ])laces  in  their 
res])ective  stables. 

§516.  Penalties.  (Sec.  2)  Any  person  or  ])ersons 
violating  any  of  the  provisions  of  this  ordinance 
shall,  upon  conviction  thereof,  be  fined  not  more  than 
twenty-five  dollars  and  costs  for  the  first  offense,  and 
not  more  than  fifty  dollars  and  costs  for  any  subse- 
quent offense,  and,  in  cases  of  wilful  and  persistent 
violations  of  this  ordinance,  may,  u])on  conviction, 
be  imprisoned  in  thp  city  jail  for  not  more  than  sixty 
days,  and  the  court  may,  in  its  discretion,  suspend 
or  revoke  any  license  held  from  the  city  l)y  the  per- 
son so  convicted,  to  operate  any  vehicle  or  vehicles 
within  the  city,  or  any  license  from  the  city  permit- 
ting the  use  of  the  vehicle  with  which  the  offense  is 
committed.  [Ord.  Xo.  750,  passed  A])i*.  13,  1908.] 

§517.  Flaying  Ball  and  Sports  in  Streets.  (Sec. 
2-f6)  No  person  shall  in  any  street  or  avenue,  ])lay 
ball,  fly  kites,  throw  stones  or  engage  in  any  sport 
likely  to  frighten  horses,  injure  other  people,  embar- 
rass the  passage  of  vehicles  or  obstruct  the  passage 
of  other  people,  nor  throw  any  stone  or  otlier  missile 
u|)on  or  at  any  building,  tree,  or  other  public  or  pri- 
vate property,  or  at  any  ])erson  in  oi*  upon  any 
street,  avenue,  sidewalk,  park  or  other  ])ublic  ])lace. 

§518.  Getting  On  or  Holding  To  Cars.  Vehicles. 

(Sec.  247)  No  person  shall  seize,  hang  upon,  get 
upon,  hold,  tie,  or  fasten  to  any  streetcar,  railroad 
car,  carriage,  buggy,  wagon  or  other  vehicle  or  con- 
veyance while  the  same  is  in  motion,  or  attem]d  'so 
to  do. 


\ 


§519.  Leaving  Cellar  Doors  and  Other  Open- 
ings Uncovered  or  Unsafe.  (Sec.  24-8)  No  person 
sliall  leave  open,  niu'overed,  unguarded  or  in  an  un- 
safe (‘onditioii,  any  cellar  door,  hatchway,  pit,  vault 
or  ex('avatiou  u])on  or  adjoining  any  sidewalk,  street, 
alh‘y  or  ])uhlic  ])lace. 

§520.  Scaffolds  to  be  Safely  Built.  (Sec.  249) 
No  ])ersoii  shall  huild,  maintain  or  use,  or  cause  to 
be  built,  maintained  or  used,  any  scaffold  or  plat- 
form for  use  in  tlie  erection  or  repair  of  any  build- 
ing or  other  thing,  in  an  insufficient  or  unsafe  man- 
ner, or  that  for  any  cause  shall  be  dangerous  or  un- 
safe to  persons  u))on  or  using  the  same  or  ])assing 
hy  or  under  the  same. 

§521.  Trees  to  be  Trimmed.  (Sec.  250)  No 
owner  of  any  house,  building  or  ])reniises  shall  per- 
mit the  l)ranches  of  any  shade,  ornamental  or  other 
tree  to  ]u-oje(*t  over  any  street,  avenue  or  sidewalk 
in  front  or  alongside  of  such  building  or  premises 
lower  than  seven  feet  from  the  surface  of  such  street, 
avenue  oi*  sidewalk. 

§522.  Awning  to  be  Kept  Free  from  Dirt.  (Sec. 
251 ) No  owner  or  oc(mpant  of  any  house  or  building 
shall  permit  tlie  awning  in  front  or  alongside  of  such 
house  or  other  place  to  accumulate  any  snow,  ice, 
dirt,  filth,  ])a])er,  rags  or  rul)hish  of  any  kind.  [Ord. 
No.  7M0,  ])assed  A])i*.  2,  1907.] 

§523.  Passenger  on  Motorcycle.  (Sec.  1)  It 
shall  he  unlawful  for  any  person  to  o])erate  or  drive 
any  niotoi'('y(*le  in  this  city  having  any  other  ])erson 
or  ])ersons  seated  on  said  motorcycle  in  front  of  the 
operator  or  driver. 

§524.  Penalty.  (Sec.  2)  Any  ])erson  violating 
aiiy  of  the  ])rovisions  of  this  ordinance  shall,  on  con- 


282 


viction,  be  lined  not  less  than  two  nor  more  tlian 
lifty  dollars.  [Ord.  No.  90b,  passed  Apr.  '2?>,  191d.] 

. t 

§525.  Telephone  Companies  Must  Provide  Slugs 
or  Other  Devices.  (See.  1)  It  shall  he  unlawful  for 
any  telephone  company  to  install  or  maintain  in  this 
city  any  telephone  known  as  the  “nickle-firsV’  tele- 
phone that  requires  the  deposit  of  a nickel  hy  the 
user  of  such  telephone  before  connection  can  be  made 
with  the  central  telephone  office,  without  furnishing 
free  to  the  telephone  subscriber  at  least  three  slugs 
or  other  devices  adapted  to  connect  said  telephone 
with  the  central  office  in  case  of  lire  or  police  emer- 
gency calls. 

§526.  Slugs  or  Other  Devices  to  be  Used  Only 
to  Call  Fire  or  Police  Departments  in  Cases  of 
Emergency.  (Sec.  2)  It  shall  be  unlawful  for  any  per- 
son, firm,  association  or  corporation,  to  use  the  slugs 
or  other  devices  furnished  by  a telephone  company 
})rovided  for  in  section  1 of  this  ordinance  for  any 
other  purpose  than  to  call  the  fire  or  police  depart- 
ments of  the  city  in  cases  of  emergency  from  nickel- 
first  telephones. 

§527.  Penalty.  (Sec.  3)  Any  person,  firm,  asso- 
ciation or  corporation  violating  any  of  the  provi- 
sions of  this  ordinance  shall,  on  conviction,  be  fined 
not  less  than  one  dollar  nor  more  than  fifty  dollars 
for  each  olfense.  [Ord.  No.  889,  passed  Dec.  24, 
1912.] 

§528.  Hatpins.  When  Unlawful.  (Sec.  1)  That 
no  person  while  on  the  public  streets  or  ways  of  the 
city,  nor  while  riding  upon  any  streetcar  running 
from  place  to  place  within  the  city,  nor  in  any  ele- 
vator operated  in  any  building  in  the  city  to  which 
the  public  is  admitted,  *shall  so  wear  any  hatpin  that 
the  exposed  point  thereof  shall  protmde  more  than 

283 


oiie-lialf  inch  ])eyond  the  crown  of  the  hat  in,  upon 
or  through  which  such  hatpin  is  worn. 

§529.  Penalty.  (Sec.  2)  Any  person  violating’ 
any  of  the  provisions  of  the  foreg'oing  section  shall, 
ii])on  conviction,  he  fined  in  any  sum  not  exceeding- 
fifty  dollars  for  each  offense.  [Ord.  No.  918,  passed 
Oct.  22,  1913.] 


ARTICLE  3. 

OFFENSES  CONCERNING  PUBLIC  MORALS 
AND  DEC^ENCY. 

§530.  Indecent  Exposure,  Behaviour,  Books, 
Pictures,  Shows.  (Sec.  227)  No  ])erson  shall  he  or 
ap])ear  in  or  upon  any  street,  avenue,  alley,  ])ark, 
])id)lic  place  or  place  o]:»en  to  ])ul)lic  view  in  a state 
of  nudity  or  in  a dress  not  l)elonging  to  his  sex  or 
in  any  indecent  oriewd  dress,  or  be  guilty  of  any  un- 
seemly, obscene  or  filthy  act,  or  of  any  lewd,  inde- 
(‘ent,  immoral  or  insulting  conduct,  language  or  l)e- 
havioni-.  Or  shall  exhibit,  distribute,  sell,  offer  or 
ex])ose  for  sale  or  give  or  deliver  to  another  or  cause 
the  same  to  be  done,  any  lewd,  indecent  or  obscene 
book,  picture,  ])amphlet,  card,  print,  paper,  writing, 
mold,  cast,  figure  or  other  thing,  or  shall  exhibit, 
circulate,  distribute,  give,  sell,  offer  or  expose  for 
sale  or  cause  the  same  to  be  done,  any  pamphlet, 
book,  circular,  picture,  card,  print,  ])aper,  writing, 
mold,  cast  or  figure  treating  or  illustrating  any  of 
the  diseases  of  the  sexual  organs;  or  cause  or  allow 
to  be  exhibited  or  ]>erformed  in  or  upon  any  house, 
building  or  premises  owned  or  occupied  by  him  or 
under  his  management  or  control,  any  lewd,  indecent 
oi*  immoral  play  or  other  representation. 

284 


§531.  Indecent  Exhibition  of  Animals.  (Sec. 
l228)  No  ])ersoii  sliall  indecently  exhibit  or  cause  or 
allow  to  be  indecently  exhibited,  any  stallion,  jack, 
bull,  boar  or  rani,  or  publicly  or  in  view  of  others  let 
or  cause  or  allow  to  be  let  any  such  animal,  dog*  or 
other  animal  to  any  animal  of  the  opposite  sex. 
[Ord.  No.  7o0,  ])assed  Apr.  3,  1907,  as  amended  by 
Ord.  No.  920,  passed  Nov.  12,  1913.] 

§532.  Bathing  in  Public  Place.  (Sec.  229)  No 
])erson  being  naked  or  insufficiently  clothed,  shall 
bathe,  wash  or  swim  in  any  stream,  reservoir,  lake, 
pond  or  pool  between  one  hour  before  sunrise  and 
one  hour  after  sunset. 

§533.  Medical  Advertisements  Prohibited. 

(Sec  56)  No  person  shall  post,  or  cause  to  be  posted, 
on  any  advertising  wagon  or  upon  or  in  any  place 
within  the  city  where  the  same  can  be  seen  from 
the  streets,  alleys  or  other  public  places  of  the  city, 
or  within  any  park  belonging  to  the  city,  any  adver- 
tisement, handbill  or  notice,  giving  or  purporting  to 
give  information  from  whom  or  where  medicine  or 
remedies  of  any  kind  may  be  obtained  for  the  cure, 
prevention  or  treatment  of  uterine  diseases  or  dis- 
eases peculiar  to  females,  venereal  diseases,  abortion 
or  miscarriage,  or  articles  or  means  of  preventing- 
conception,  under  a penalty  of  not  less  than  twenty- 
five  nor  more  than  fifty  dollars  for  each  offense. 

§534.  Obscene  Pictures  Prohibited.  (Sec.  57) 
No  person  shall  post  or  cause  to  be  posted  within 
the  city  so  that  the  same  can  be  seen  from  the 
streets,  alleys  or  other  public  places,  or  within  any 
park  belonging  to  the  city,  any  advertisement  con- 
taining pictures  or  illustrations  of  an  obscene,  in- 
decent or  immoral  character,  under  a penalty  of  not 
less  than  twenty-five  nor  more  than  fifty  dollars  for 
each  offense. 


285 


§535.  Commit  Nuisance.  (Sec.  234)  No  person 
sliall  witliin  the  enclosure  of  any  hotel,  house  or 
other  hnilding’,  constructed  or  in  the  course  of  con- 
struction, or  upon  the  walls,  floor  or  furniture  there- 
of within  this  city,  or  upon  any  street  or  sidewalk, 
(‘oinmit  any  nuisance. 

§536.  House  of  Illfame.  Disorderly  House. 

(Sec.  235)  No  i)erson  shall  keep  or  maintain  a house 
of  illfaihe  or  assignation  house  or  place  for  the  prac- 
tice of  fornication  or  lewdness.  No  person  shall  pat- 
1‘onize  or  be  an  inmate  of  the  same,  nor  let,  own  or 
he  interested  as  proprietor  or  landlord  in  any 
house,  room  or  other  premises  used  for  any  such 
purpose  or  shall  keep  a common,  ill-governed  or  dis- 
orderly house  to  the  encouragement  of  idleness,  gam- 
ing, drinking,  fornication  or  other  misbehaviour. 

§537.  Soliciting.  (Sec.  236)  No  female  shall 
solicit  or  receive  visits  or  patronage  as  a prostitute 
upon  any  street,  alley  or  other  public  place  or  in  any 
])ark  or  building  within  the  city  and  no  male  person 
shall  cohabit  with  any  lewd  person  or  prostitute 
within  this  city. 

§538.  Dances,  Etc.  (Sec.  233)  No  person  shall 
conduct  or  carry  on  any  dance  or  skating  rink  or 
other  like  amusement  or  entertainment  where  lewd 
])ersons  resort  or  assemble. 

§539.  Gaming.  (Sec.  237)  No  person  shall  play 
for  money  or  other  valuable  thing,  at  any  game  with 
cards,  dice,  billiards,  or  with  any  other  article,  in- 
strument or  thing  soever  which  may  he  used  for  the 
])ui*pose  of  playing  or  betting  upon  or  winning  or 
losing  any  money  or  any  other  thing  of  value,  nor 
sliall  bet  upon  any  game  others  may  he  playing.  No 
])erson  shall  keep  a gaming  house,  or  in  any  building 
or  other  place  by  himself  or  his  agent  used  or  occu- 


286 


])ied,  procure  or  permit  any  persons  to  freciuent  or 
(‘ome  together  to  play  for  money  or  other  valuable 
thing  at  any  game,  nor  shall  keep  nor  suffer  to  be 
kept,  any  table  or  other  apparatus  for  the  purpose 
of  playing  at  any  game  or  sport  for  money  or  any 
valuable  thing,  nor  shall  keep  nor  rent  any  such 
place  for  any  such  purpose.  The  chief  of  police  may 
seize  or  cause  to  be  seized,  any  instrument,  device 
or  thing  used  for  the  purpose  of  gaming  or  by  own- 
ing or  using  which  money  or  other  property  or  thing 
of  value  may  be  lost  or  won  and  all  such  instruments, 
devices  or  things  shall  be  demolished  or  destroyed 
as  the  mayor  shall  direct.  Every  clock,  tape  ma- 
chine, slot  machine  or  other  machine  or  device  for 
the  reception  of  money  on  chance,  or  upon  the  action 
of  which  money  is  staked  or  hazarded,  bet,  won  or 
lost,  is  hereby  declared  to  be  a gambling  device. 

§540.  Disorderly  Houses  May  Be  Entered 
Forcibly.  (Sec.  238)  If  the  owner  or  keeper  of  any 
disorderly  or  gambling  house  or  any  house  or  place 
reasonably  supposed  to  be  such,  shall  refuse  to  per- 
mit the  chief  of  police  or  any  police  officer  to  enter 
such  house,  it  shall  be  lawful  for  such  officer  to 
enter  or  cause  the  same  to  be  entered  by  forcibly 
breaking  the  doors  and  to  arrest  with  or  without 
warrant  or  process,  any  and  all  persons  found  there- 
in, violating  any  of  the  provisions  of  this  chapter 
or  subject  to  reasonable  suspicion  thereof. 

§541.  Dog  Fights.  (Sec.  239)  No  person  shall 
engage  in  or  be  in  any  manner  concerned  with  any 
dogfight,  cockfight  or  any  fight  between  animals, 
fowls  or  birds,  or  shall  allow  or  permit  any  such 
fight  in  or  upon  any  house  or  premises  in  his  pos- 
session or  under  his  control. 

§542.  Opium  Joints.  (Sec.  240)  No  person  shall 
keep  a room  or  place  where  any  person  is  supplied 

287 


nt  miy  time,  with  or  without  eliarge,  with  opium 
or  any  drug-  or  mixture  of  which  opium  is  a compo- 
nent part,  to  he  smoked,  or  shall  supply  any  person 
with  facilities  to  smoke  o])ium  or  any  such  mixture 
or  dnii>-,  or  where  such  i)erson  so  supplied  does 
smoke  such  opium,  drug'  or  mixture  as  aforesaid. 
I Ord.  No.  730,  ])assed  Apr.  3,  1907.] 

§543.  Opium  Den.  Owner  of  Premises.  Pen- 
alty. (Hec.  1)  Each  and  every  person  who  shall 
kee)),  set  up,  maintain  or  open  in  this  city  any  house, 
room,  l)uilding,  tenement,  arbor,  booth,  tent  or  place 
of  any  description  for  the  smoking  of  opium,  or  any 
preparation  thereof,  or  who  shall  be  an  inmate  or 
fre(iuenter  of,  or  who  is  in  any  way  connected  with 
any  such  house,  room,  building,  tenement,  arbor, 
both,  tent  or  place,  or  who  shall  contribute  to  its  sup- 
port ; and  each  and  every  person  who  shall  permit  any 
such  house,  room,  building,  tenement,  arbor,  booth, 
tent,  premises  or  place  in  his  possession,  or  under 
his  control,  to  be  used  or  occupied  for  any  such  pur- 
})ose;  and  each  and  every  person  who  shall  suffer 
any  house,  room,  building,  tenement,  arbor,  booth, 
tent,  ])remises  or  place  which  is  to  be  used  for  such 
purpose  to  stand,  be  set  up  or  opened  upon  any  lot 
or  lots,  parcel  or  parcels  of  ground  within  this  city, 
owned,  held,  possessed  or  controlled  by  him,  shall, 
on  conviction  thereof,  be  fined  not  less  than  ten  nor 
more  than  three  hundred  dollars  for  each  and  every 
offense. 

And  every  day  for  which  any  person  or  persons 
shall  keep  any  house,  room,  building,  tenement,  ar- 
bor, booth,  tent  or  place  of  any  description  to  be 
used  or  occupied  for  the  purpose  aforesaid,  or  shall 
knowingly  allow  any  such  house,  room,  building, 
tenement,  arbor,  booth,  tent,  premises  or  place,  in 
his  possession  or  under  his  control^  to  be  used  or  oc- 

288 


eu})ied  for  the  purpose  aforesaid  shall  he  deemed 
and  held  to  l)e  a separate  and  distinct  offense.  | Ord. 
No.  482,  })assed  Aug.  10,  1896.] 


ARTICLE  4. 

OFFENSE  AFFECTING  THE  WELFARE  OF 
CHILDREN. 

§544.  Child,  Abuse  or  Neglect  of.  Penalty. 

(Sec.  1)  Any  person  having  the  care  or  custody  of 
any  child,  who  shall  wilfully  cause  or  permit  the  life 
of  such  child  to  be  endangered  or  the  health  of  such 
child  to  be  injured,  or  the  morals  of  such  child  to 
be  impaired;  or  who  shall  wilfully  cause  or  permit 
such  child  to  be  placed  in  such  a situation,  business 
or  occupation  that  its  life,  health  or  morals  shall  be 
endangered;  or  who  shall  wilfully  abandon  such 
child,  or  shall  torture,  torment,  cruelly  punish  or 
wilfully  or  negligently  deprive  it  of  necessary  food, 
clothing  or  shelter,  or  in  any  other  manner  shall  un- 
necessarily injure  such  child,  shall,  upon  conviction, 
be  fined  not  less  than  $10  nor  more  than  $200  for 
each  offense.  [Ord.  No.  644,  passed  May  18,  1903.] 

§545.  Children  Out  at  Night.  (Sec.  1)  It  is 
hereby  made  unlawful  for  any  person  under  fifteen 
years  of  age  to  be  or  remain  in  or  upon  any  of  the 
streets,  alleys  or  public  places  in  the  city  of  Colo- 
rado Springs,  Colorado,  at  night  after  the  hour  of 
nine  o’clock  p.  m.  from  March  1,  until  August  31 
inclusive  of  each  year;  and  from  September  1 to 
the  last  day  of  February,  inclusive,  of  each  year, 
after  the  hour  of  eight  o ’clock  p.  m.  unless  such  per- 

289 


son  is  accompanied  by  a parent,  g’uardian,  or  other 
])erson  havini>‘  the  legal  custody  of  such  minor  per- 
son, or  is  in  the  performance  of  an  errand  or  duty 
directed  by  such  parent,  guardian  or  other  person 
having  the  care  and  custody  of  such  minor  person, 
or  whose  employment  makes  it  necessary  to  be  upon 
said  streets,  alleys  or  public  places  during  the  night 
time  after  said  specified  hours;  ])rovided,  this  ex- 
ception shall  not  apply  when  the  person  under  such 
age  shall  be  playing,  or  unnecessarily  loitering  in 
or  upon  any  such  street,  alley  or  public  place.  Any 
person  violating  the  provisions  of  this  section 
shall,  on  conviction,  be  lined  in  any  sum  not  to  ex- 
ceed five  dollars  for  each  offense  and  stand  commt- 
ted  until  such  fine  and  costs  are  paid. 

§546.  Parent.  Guardian.  Neglect  by.  Penalty. 

(Sec.  2)  It  is  hereby  made  unlawful  for  any  parent, 
guardian  or  other  person  having  the  legal  care  and 
custody  of  any  person  under  fifteen  years  of  age,  to 
allow  or  permit  any  such  child,  ward  or  other  person 
under  such  age,  while  in  such  legal  custody  to  go 
or  be  in  or  upon  any  of  the  streets,  alleys  or  public 
places  in  said  city  within  the  time  prohibited  in  sec- 
tion 1 of  this  ordinance  unless  there  exists  a reason- 
able necessity  therefor.  Any  person  violating  the 
provisions  of  this  section  shall,  on  conviction,  be 
fined  in  any  sum  not  exceeding  ten  dollars  for  each 
offense,  and  stand  committed  until  such  fine  and 
costs  are  paid. 

§547.  Duty  of  Police.  (Sec.  3)  Each  mem- 
ber of  the  police  force,  while  on  duty,  * is 
hereby  authorized  to  arrest  without  warrant 
any  x^erson  wilfully  violating  the  provisions  of  sec- 
tion 1 of  this  ordinance,  and  retain  such  jDerson  for 
a reasonal)le  time,  in  which  complaint  can  be  made 
and  a warrant  issued  and  served. 

290 


Be  it  further  ordained  that  no  child  or  minor 
person,  arrested  under  the  provisions  of  this  ordi- 
nance, shall  be  placed  in  confinement  until  the  par- 
ents or  i>nardian  of  such  minor  person  shall  have 
been  notified  of  such  arrest  and  shall  have  refused 
to  be  held  responsible  for  the  observance  of  this  or- 
dinance by  said  minor  person.  [Ord,  No.  484,  passed 
Sept.  7,  1896.] 


ARTICLE  5. 

OFFENSES  CONCERNING  PUBLIC  WAYS  AND 
PARKS  AND  CEMETERIES. 

§548.  Excavations  in  Streets  Forbidden.  (Sec. 
263)  No  person  shall  dig  or  make  any  ditch,  drain  or 
other  excavation,  or  remove  any  sod,  earth,  sand, 
gravel  or  stone  in,  upon'  or  from  any  street,  avenue, 
alley,  park  or  public  ground,  unless  he  shall  first 
secure  a permit  from  the  mayor  so  to  do. 

§549.  Depositing  Rubbish  in  Streets.  (Sec. 
266)  No  person  without  permission  from  the  mayor, 
shall  place  or  cause  to  be  deposited  on  any  street, 
alley  or  public  place  in  this  city,  any  ashes,  paper, 
rags,  rinds,  peelings  or  fruit,  sticks,  blocks,  posts, 
boards,  lumber  or  building  material  of  any  kind, 
shavings,  dirt,  tin  cans,  junk  or  other  rubbish  of  any 
kind  or  description,  or  allow  the  same  to  be  thrown, 
placed  or  deposited  in  or  upon  any  street  or  avenue 
adjacent  to  any  premises,  owned,  leased  or  con- 
trolled by  him,  and  no  person  shall  burn  leaves  or 
rubbish  of  any  kind  upon  any  street  or  avenue  or 
public  place  within  this  city,  nor  at  any  place 

291 


.soever,  within  the  fire  limits  thereof,  and  no  box, 
barrel  or  other  receptacle  for  dirt,  ashes,  paper  or 
other  rubbish  shall  be  placed  or  allowed  to  remain 
in  or  upon  any  street  or  upon  any  sidewalk. 

§550.  Littering  Streets  Forbidden.  (Sec.  267) 
All  persons  hauling  dirt,  sand,  gravel,  ashes,  rubbish 
or  other  material  on  the  streets  or  alleys  shall  so 
construct,  keep  and  maintain  their  wagons  as  to 
l)revent  the  spilling  of  such  material.  No  person 
shall  throw  or  place  upon  any  street,  avenue,  alley 
or  sidewalk,  any  glass,  earthenware,  metal,  stones 
or  other  articles  or  substance  likely  to  cause  injury 
to  travelers  or  pedestrians  or  to  bicycles. 

§551.  Sprinkling  on  Sidewalk.  (Sec.  270)  No 
person  shall  leave  any  hose  or  sprinkler  so  that  the 
wmter  therefrom  shall  run  on  or  across  any  sidewalk 
in  this  city. 

§552.  Injury  to  Parks,  Etc.  (Sec.  269)  No  per- 
son shall  injure,  ruin  or  destroy  any  tree,  shrub, 
plant,  flowerbed  or  grassplot  or  pluck  or  take  away 
any  flower,  tree,  shrub,  from  any  park,  or  injure  or 
deface  any  of  the  seats,  signs,  waterworks,  buildings 
or  fixtures  or  other  property  in  said  parks  or  take 
away,  injure  or  destroy  any  tools,  hose  or  other  im- 
plements used  in  the  care  of  such  parks,  or  in  any 
way  meddle  or  interfere  with  the  fixtures  or  build- 
ings therein,  without  lawful  authority  so  to  do.  Or 
turn  any  horse,  cow  or  other  such  animal  or  allow  the 
same  to  go  into  any  such  park.  No  person  shall 
throw  upon  or  in  any  park,  any  peanut  shells,  pop- 
corn, banana  skins,  orange  peelings,  paper  bags  or 
refuse  or  litter  of  any  kind. 

§553.  Molesting  Birds  in  Parks.  Penalty, 

(Sec.  58)  No  person  shall  within  the  city  or  within 
any  of  the  parks  belonging  to  the  city,  shoot  at,  hunt. 

292 


kill,  take,  (‘apture,  net,  trap  or  in  any  other  manner 
molest  or  injure  any  robin,  lark,  whippoorwill,  finch, 
thrnsh,  wren,  marten,  swallow,  raven,  oriole,  king 
bird,  mocking  bird,  or  in  any  manner  molest  or 
injure  the  nest,  eggs  or  young  of  any  such  bird,  or 
have  in  his  possession  the  nest,  eggs,  young  or  body 
of  any  such  bird,  under  penalty  of  not  less  than  one 
nor  more  than  ten  dollars  for  each  offense. 

§554.  Trespass,  Etc.,  in  Cemetery.  (Sec.  273) 
No  person  shall  make  or  create  any  loud  or  unusual 
noises  or  any  disturbance  of  any  kind  within  Ever- 
green cemetery.  No  person  shall  shoot  any  firearms 
within  or  into,  or  deface  or  injure  any  tomb,  monu- 
ment, stone  or  coping  or  shall  pull  down,  cut,  break, 
injure  or  destroy  an}^  tree,  plant,  shrub,  flower  or 
grass  or  injure  or  destroy  any  gate,  post,  railing  or 
fence,  or  walk  over  or  trample  upon  any  grave  of 
sit  upon  or  lean  against  any  monument  or  coping, 
or  take,  remove  or  carry  away  any  flowers  or  plants 
placed  upon  any  grave  within  said  cemetery.  [Ord. 
No.  730,  passed  Apr.  3,  1907.] 

§555.  Fishing  in  Certain  Reservoirs.  Rules. 

(Sec.  1)  It  shall  be  unlawful  for  any  person  to  catch 
or  take  any  fish  in  Prospect  Lake  reservoir,  or  in 
Pike  View  reservoir,  owned  by  the  city  of  Colorado 
Springs,  until  such  time  as  the  council  shall  by  res- 
olution, duly  adopted,  authorize  and  permit  the 
catching  or  taking  of  fish  in  said  reservoirs  and  pro- 
vide the  rules  and  regulations  governing  the  fishing 
in  said  reservoirs.  [Ord.  No.  845,  passed  May  17, 
1911.] 

§556.  Cheyenne  Park.  Automobiles  and  Motor- 
cycles Forbidden.  (Sec.  1)  No  person  shall  drive  or 
move,  or  cause  to  be  driven  or  moved,  any  automo- 
bile or  motorcycle  within  the  limits  of  Cheyenne 
park,  except  on  such  roads  or  ways  as  shall  be  des- 

293 


ii>iiate(l  therefor  by  tlie  mayor  of  the  city  of  Colo- 
rado Spring's. 

§557.  Penalty.  (Sec.  2)  Any  person  who  vio- 
lates any  of  the  provisions  of  this  ordinance  shall 
on  conviction  of  snch  violation  be  fined  in  a Snm 
not  less  than  ten  dollars  nor  more  than  fifty  dollars. 
[Ord.  No.  720,  passed  Oct.  1,  .1906.] 


ARTICLE  6. 

OFFENSES  AFFECTING  PUBLIC  AND  PBT- 
\ ATE  PROPERTY. 

§558.  Destruction  or  Injury  of  Public  Property. 

(Sec.  262)  No  person  shall  wilfully  or  maliciously 
destroy,  injure,  deface  or  interfere  with  any  bridge, 
engine  house  or  other  house,  fire  engine,  fire  hose, 
hose  carriage  or  other  property  of  said  city  or  any 
public  property  or  public  work. 

§559.  Breaking  or  Opening  Sewer.  (Sec.  264) 
No  person  shall  break  or  make  any  opening  in  or  in 
any  manner  injure  or  interfere  with  any  of  the  main 
drains  or  sewers  belonging  to  this  city  or  connect 
any  drain,  sewer  or  pipe  therewith  without  permis- 
sion from  the  council. 

§560.  Injury  to  Trees,  Fences,  Etc.  (Sec.  265) 
No  person  shall  wilfully  or  carelessly  destroy  or 
injure  any  tree,  shrub,  fence,  railing,  pole  or  wire 
of  the  city  or  of  any  electric  light,  telephone  or  street 
railway  company,  or  in  any  manner  cause  the  same 
to  be  done,  or  fasten  any  horses  or  other  animals 
to  or  so  near  any  tree,  shrub,  fence  or  railing  as  to 
render  the  same  liable  to  destruction  or  injury  by 
such  horse  or  other  animal. 

294  ^ 


§561.  Posting  Bills  to  Telegraph  Poles.  (Kec. 
268)  No  person  shall  post,  ]>aste  or  in  any  other  way 
attach  or  affix  any  bill,  notice,  annoiinceinent  or 
advertising  niedinin  to  the  pole  of  any  telegraph, 
telephone,  electric  liglit  or  street  railway  company 
without  a permit  from  the  owner  thereof,  nor  to  any 
pole  belonging  to  the  city. 

. §562.  Where  Prohibited.  Penalty.  (Sec.  55) 

No  person  shall  paste,  post,  print,  paint,  nail  or  oth- 
erwise fasten  any  handbill,  sign,  poster,  advertise- 
ment or  notice  of  any  kind  whatsoever,  or  cause  the 
same  to  be  done,  on  any  curbstone,  flagstone,  or  any 
other  part  of  any  sidewalk,  or  street  or  upon  any 
tree,  lamppost,  hitching  post,  telegraph,  telephone 
or  electric  light  pole,  or  pole  nsed  to  support  trolley 
wires,  hydrant,  l)ridge  or  upon  any  strnctnre  within 
the  limits  of  any  street  or  alley  in  this  city,  or  with- 
in any  park  or  public  place  belonging  to  the  city, 
except  vSnch  as  may  he  required  by  the  ordinances 
of  the  city;  and  no  person  shall  paste,  post,  print, 
paint,  nail  or  otherwise  fasten  any  handbill,  sign, 
poster,  advertisement  or  notice  of  any  kind,  or  cause 
the  same  to  he  done,  upon  any  ]n-ivate  wall,  window, 
door,  gate,  fence,  advertising  hoard  or  sign,  or  npon 
any  other  private  strnctnre  or  building  unless  he  is 
the  owner,  agent  or  lessee  thereof,  without  the  con- 
sent of  the  owner  of  such  wall,  window,  fence,  gate, 
advertising  board  or  sign  or  other  private  building 
or  structure.  When  any  handbill,  sign,  poster,  ad- 
vertisement or  notice  of  any  kind  shall  he  found 
pasted,  posted,  i)finted,  ])ainted,  nailed  or  otherwise 
fastened  on  any  curbstone,  flagstone,  or  any  other 
portion  of  any  sidewalk  or  npon  any  tree,  lamppost, 
hitching  post,  telegraph,  telephone  or  electric  light 
pole,  or  pole  used  to  support  trolley  wires,  hydrant, 
bridge  or  upon  any  private  wall,  window,  door,  gate, 
fence,  advertising  board  or  sign,  or  other  private 

295 


or  structure,  in  any  way  advertising  any 
person  or  cor])oration,  the  finding*  of  sn«di  handbill, 
sign.  ])oster,  advertisement  or  notice  siiall  be  prima 
facie  evidence  that  it  was  pasted,  posted,  printed, 
painted,  nailed  or  otherwise  fastened  by  the  ])eison 
thereby  advertised. 

Any  person  violating  any  of  the  provisions  of 
this  section  shall  he  fined  not  less  than  five  nor  more 
than  fifty  dollars  for  each  offense. 

§563.  Injury  to  Property  of  Another.  (Sec. 
271)  No  person  shall  wilfully  break,  deface,  destroy 
or  injure  any  house,  building,  sho|)  or  any  door,  or 
window  therein,  or  sever  therefrom  or  from  any 
gate,  fence  or  enclosure  or  any  part  thereof,  any 
material  of  which  it  is  formed,  or  shall  sever  from 
the  freehold,  any  produce  thereof  or  anything  at- 
tached thereto,  or  shall  pull  down,  injure  or  destroy 
any  gate,  post,  railing  or  fence  or  any  part  thereof 
or  cut  down  or  break  or  otherwise  injure  any  tree, 
shrub  or  ])lant  being  the  ])i*operty  of  another,  or  wil- 
fully cut,  l)reak,  destroy  or  in  any  manner  injure  any 
goods,  wares,  merchandise  or  other  personal  prop- 
erty of  another.  [Ord.  No.  730,  passed  Apr.  3,  1907.] 


ARTICLE  7. 

OFFENSES  CXINCERNING  THE  OBSER\A\N(^E 
OF  ST^NDAY. 

§564.  Sunday  Observance.  (Sec.  232)  No  })er- 
son  shall  open,  conduct  or  carry  on  any  theatre, 
circus,  show,  game  of  hall  or  public  sport  or  enter- 
tainment for  pay  within  the  jurisdiction  of  this  city 

296 


on  Sunday.  No  person  shall  keep  open  any  barber 
shop  or  enga£>’e  in  or  carry  on  the  l)nsiness  of  bar- 
bering-  in  any  sliop,  room  or  other  place  within  the 
city  on  Sunday.  [Ord.  No.  730,  passed  Apr.  3, 
1907.] 

§565.  Barbering  on  Sunday.  (Sec.  1)  No  per- 
son shall  keep  open  a barber  shop,  or  engage  in  or 
carry  on  the  business  of  barbering  in  any  barber 
shop,  room  or  other  public  or  private  office  or  place 
within  the  city  limits  of  Colorado  Springs,  or  upon 
any  of  the  public  streets,  alleys  or  any  other  public 
or  private  place  in  the  city,  on  the  first  day  of  the 
week,  usually  called  Sunday. 

§566.  Penalty.  (Sec.  2)  Any  person  violating 
any  of  the  provisions  of  this  ordinance,  shall,  upon 
conviction,  be  fined  in  a sum  not  less  than  five  dol- 
lars nor  more  than  fifty  dollars  for  each  otfense. 
[Ord.  No.  496,  passed  June  7,  1897.] 

§567.  Certain  Work  Prohibited  on  Sunday. 

(Sec.  1)  It  shall  be  unlawful  for  any  person,  firm,  as- 
sociation or  corporation  to  engage  in  hauling  bulky 
commodities,  except  mail,  express  or  baggage  by 
wagon,  cart  or  electric  truck,  or  to  engage  in  public 
construction  work  on  Sunday,  except  when  required 
by  necessity;  or  to  engage  in  any  labor  on  Sunday 
whereby  a meeting  or  the  public  are  disturbed,  un- 
less required  by  necessity. 

§568.  Unlawful  to  Keep  Open  Certain  Stores  on 
Sunday.  (Sec.  2)  It  shall  be  unlawful  for  any  per- 
son, firm,  association  or  corporation  to  keep  open 
or  to  cause  any  i)erson  to  keep  open  any  store  for  the 
sale  of  merchandise  on  Sunday,  except  when  re- 
(piired  by  necessity;  but  nothing  in  this  section 
shall  prohibit  any  person,  firm,  association  or  corpo- 
ration from  keeping  open  for  the  legitimate  and  or- 

2Q7 


(l(‘rly  transaction  of  business  any  liotel,  restaurant, 
l)oai‘(lini»-  house,  bathhouse,  eoufeetionery,  retail 
(lrui>‘  stoi'e,  liv(*ry  stable  or  i>-ara,4>’e  or  prevent  the 
sale  or  delivery  of  ini  Ik,  cream,  icecream,  fresh  fruits, 
hakery  aidicles,  ])repared  tol)ac(*o  or  ]iapers  on  Sun- 
day. 

§569.  'What  Property  May  Be  Cared  for  on  Sun- 
day. (Se(‘.  d)  Nothini>*  in  this  ordinance  shall  he 
('onstrued  as  ])rohi])itini>‘  the  doin<>-  of  anything'  nec- 
essary foi'  the  ])i*o])er  care  of  animals,  perishable 
foods  or  commodities,  for  the  preservation  of  life  or 
property  or  for  the  welfare  of  the  general  public  on 
Sunday. 

§570.  Exemption  of  Those  Who  Observe  Some 
Other  Day.  (Sec.  4-)  If  any  person,  firm,  association 
or  corporation  observes  the  seventh  day  of  the  week 
as  the  Sabbath,  and  actually  refrains  from  labor  as' 
herein  siiecified  on  that  day,  or  closes  his  or  its  place 
of  Inisiness  on  that  day,  he  or  it  shall  not  be  liable  to 
the  provisions  of  sections  1 and  2 of  this  ordinance, 
unless  the  labor  shall  be  of  a character  to  disturb 
the  pea(‘(‘  and  (piiet  of  the  pnblic  on  Sunday. 

§571.  Employes  Given  One  Day  of  Rest  in 
Seven.  (Sec.  5)  It  shall  be  imlawfnl  for  any  ]ierson, 
hrm,  association  or  cor])oration  to  recpiire  or  to  ])er- 
niit  any  person  in  his  or  its  employ  to  work  for  him 
or  it  on  Sunday,  unless  the  person  so  employed  has 
had  a full  day  off  from  labor  of  such  eiu])loyer  or 
has  had  off  as  many  working  hours  during  the  ]n-e- 
(‘eding  six  days,  as  he  is  recpiired  to  work  on  Sun- 
day, or  unless  an  nnforseen  emergency  has  arise'n 
which  renders  the  labor  of  the  employe  necessary 
on  Sunday,  and  in  the  event  of  the  em])loyment  on 
Sunday  from  such  emergency  or  from  necessity,  the 
eiu])loyei'  shall  recpiire  the  em])loye  to  take  one  full 

298 


(lay  or  as  many  boars  off  from  bis  working'  boars 
(hn'iag-  tbe  next  sac(‘eediai>-  six  days  as  saeb  employe 
worked  oa  Saaday.  The  provisions  of  this  section 
sliall  apply  to  1)otli  day  and  aig’bt  work,  but  shall 
not  apply  to  general  managers  or  superintendents 
where  tbe  character  of  the  work  requires  continuous 
supervision;  or  to  persons  employed  in  domestic 
service  or  in  the  care  of  children  or  the  sick  who  are 
afforded  by  their  employers  reasonable  opportunity 
for  rest  and  recreation  in  the  usual  course  of  their 
enqboyment.  [Held  unconstitutional  by  County 
Court.] 

§572.  Penalty.  ( Sec.  6)  Any  person,  firm,  as- 
sociation or  corporation  who  shall  violate  any  of  the 
provisions  of  this  ordinance,  shall,  on  conviction 
thereof,  lie  fined  in  any  sum  not  less  than  five  nor 
more  than  one  hundred  dollars  for  each  offense. 

§573.  No  Repeal.  (Sec.  7)  This  ordinance  shall 
not  repeal  any  other  ordinance  of  this  city  relating 
to  Sunday  or  Sunday  observance,  but  shall  be  con- 
strued as  being  supplemental  to  said  ordinance. 
[Ord.  No.  904,  passed  Apr.  1,  1913.] 


CHAPTER  VII 

OF  THE  FIRE  DEPARTMENT,  'AND  MEASURES' 
FOR  THE  PREVENTION  OF  FIRES. 

ARTICLE  1. 

ESTABLIStHMENT  AND  ORGANIZATION  OF 

THE  FIRE  DEPARTMENT. 

§574.  Fire  Department  Established.  (Sec.  1) 
There  is  established  in  the  department  of  public 

299 


safety  of  the  city  a suh-department  to  be  known  as 
tlie  fire  department,  which  shall  be  composed  of  the 
('ommissioner  of  public  safety,  chief  of  the  fire  de- 
])artment,  and  such  other  subordinate  officers,  fire- 
men and  other  em])loyes  as  may  be  determined  by 
the  commissioner  of  public  safety  to  be  necessar^^^  to 
])rotect  the  city  against  fire. 

§575.  Commissioner  of  Public  Safety,  Manager. 

(Sec.  2)  The  fire  department  shall  be  under  the  man- 
agement and  general  supervision  of  the  commis- 
sioner of  public  safety,  and  under  the  general  over- 
sight of  the  mayor  as  provided  in  the  city  charter. 
The  commissioner  of  public  safety  shall,  in  the  exer- 
cise of  his  powers  as  manager  of  the  fire  department, 
have  full,  complete  and  exclusive  authority  to  ex- 
pend for  and  on  behalf  of  the  city,  all  funds  set  apart 
in  the  annual  appropriation  ordinance  for  the  use  of 
the  fire  department.  He  shall  hear  and  determine 
all  a])])eals  from  the  decision  of  the  chief  of  the  fire 
de])artment. 

§576.  Chief  of  Fire  Department.  Duties  of. 

(Sec.  3)  The  chief  of  the  fire  department  shall  be 
res])onsible  for  the  discipline,  good  order  and  proper 
conduct  of  the  whole  fire  department,  the  enforce- 
ment of  all  laws,  ordinances  and  regulations  per- 
taining thereto,  and  for  the  care  and  condition  of  the 
engines,  hose,  carriages  and  all  other  property  of  the 
department. 

He  shall  have  the  superintendence,  control  and 
command  of  all  the  officers  and  men  belonging  to 
the  de]>artment,  of*  all  the  engine  houses  and  other 
fire  a])])aratns  ])elonging  to  the  city. 

He  shall  have  control  of  all  |)ersons  present  at 
any  lire,  and  to  that  end,  shall,  ex-officio,  have  and 
exercise  all  powers  of  the  chief  of  ])olice  thereat. 

300 


He  shall  wear  a i)roper  badge  of  office  and  shall, 
when  a lire  breaks  out,  take  immediate  and  proper 
measures  for  its  extinguishment. 

He  shall  have  power,  if  need  be,  to  summon  any 
and  all  persons  present  to  aid  in  extinguishing  any 
fire,  ill  removing  personal  property  from  any  build- 
ing on  fire,  or  in  danger  thereof,  and  in  guarding  the 
same. 

He  shall  have  power  to  order  the  cutting  down 
and  removal  of  any  building,  erection,  tents  or  other 
thing  if  he  shall  deem  it  necessary  for  the  purpose 
of  checking  the  progress  of  any  fire. 

In  case  of  the  absence  of  the  chief  from  any 
fire  the  assistant  chiefs,  or  in  their  absence  the  cap- 
tain of  the  department  first  at  the  fire  shall,  for  the 
time,  have  the  powers  and  perform  the  duties  of  such 
chief. 

He  shall  perform  such  other  duties  as  may  be 
prescribed  by  the  commissioner  of  public  safety. 

He  shall  be  appointed  by  the  mayor  upon  the 
recommendation  of  the  commissioner  of  public 
safety. 

He  shall,  under  the  supervision  of  the  civil  serv- 
ice commission,  cause  to  be  kept  a complete  system 
showing  the  merits  of  the  various  members  of  the 
fire  department,  and  shall  certify  said  record  or  any 
part  thereof  to  the  civil  service  commission  when 
re(piested  so  to  do  by  said  commission. 

He  shall  from  time  to  time  recommend  suitable 
persons  in  the  fire  department,  to  fill  the  various  po- 
sitions therein,  to  the  commissioner  of  public  safety, 
and  said  persons  shall  be  appointed  by  the  mayor 
u]^on  the  recommendation  of  the  commissioner  of 


301 


public*  sal'ety  in  aeeordaiice  with  tlie  charter  and  the 
(*ivil  servi(*e  ordinance  and  rules  in  force  at  the  time 
of  su(*li  a})])ointment. 

§577.  Members.  Appointment.  Duties.  (Sec. 
4)  All  members  in  tlie  tire  department  shall  be.ap- 
])ointed  by  the  mayor,  upon  the  recommendation  of 
the  commissioner  of  ])ublic  safety  in  accordance  with 
the  charter  and  the  civil  service  ordinance  and  reg- 
ulations in  force  at  the  time  of  such  appointment. 
All  members  of  the  tire  department  shall  perform 
such  duties  as  may  be  required  of  them  by  the  com- 
missioner of  public  safety,  the  chief,  the  assistants 
or  the  captains  of  their  respective  companies,  and 
shall  wear  such  uniforms,  ca}:>s,  badges  and  other 
insignia  as  the  commissioner  of  public  safety  may 
direct. 

§578.  Exclusion  of  Non-Employes.  (Sec.  5)  It 
shall  be  the  duty  of  all  members  of  the  tire  depart- 
ment to  prevent  all  persons  not  belonging  to  the  de- 
partment from  entering  any  house  or  handling  any 
apparatus  belonging  to  the  department  without  per- 
mission. 

§579.  Copy  of  Rules.  (Sec.  6)  The  commis- 
sioner of  ])ublic  safety  and  the  chief  shall  formulate 
and  print  rules  and  regulations  for  the  government 
of  the  fii*e  department  of  the  city,  and  shall  cause  to 
be  furnished  to  every  member  of  the  tire  department 
a copy  of  such  rules  and  regulations. 

§580.  Badges.  (Sec.  7)  Every  member  of  the 
tire  department  when  on  duty  shall  wear  a suitable 
badge  furnished  by  the  city,  and  any  member  who 
shall  lose  or  destroy  the  same  shall  be  required  to 
])ay  the  cost  of  re])lacing  it;  and  whenever  any 
inember  shall  leave  the  department  he  shall  imme- 
diately deliver  his  badge  and  all  other  property  be- 


302 


to  tlie  city  to  the  })ro])er  officer  of  said 
department. 

§581.  Resignation.  (Sec.  8)  No  member  of  the 
de[)artmeiit,  imder  penalty  of  forfeiting  the  salary 
or  pay  which  may  be  due  to  him,  shall  withdraw  or 
resign  except-  by  permission  of  the  commissioner  of 
public  safety. 


ARTICLE  2. 

POWERS  OF  THE  FIRE  DEPARTMENT. 

§582.  Fire  Department  Right  of  Way.  Ob- 
struction. Penalty.  (Sec.  1)  The  right  of  way  of 
the  streets,  avenues,  lanes,  alleys  and  other  public 
places  of  the  city  is  hereby  given  to  the  hook  and 
ladder  trucks,  steam  fire  engines,  chemical  engines, 
hose  reels,  the  vehicles  of  the  chief  and  assistant 
chiefs  of  the  fire  department,  and  each  and  every 
of  the  vehicles  and  apparatus  of  the  fire  department 
of  the  city,  together  with  the  horses  attached  there- 
to, and  the  officers  in  charge  thereof,  in  all  cases 
when  in  the  line  of  duty;  and  it  shall  be  and 
hereby  is  made  the  imperative  duty  of  all  persons 
occupying  the  streets,  avenues,  lanes,  alleys  or  other 
public  places  with  wagons,  teams,  horses  or  vehicles 
of  any  description,  on  the  line  over  which  any  of 
the  vehicles  or  apparatus  named  above  nnay  be 
drawn,  or  required  to  go  in  the  performance  of  fire 
duty,  to  allow  the  right  of  way  of  any  such  street, 
avenue,  alley,  or  other  public  place  to  the  require- 
ments of  such  vehicles  or  apparatus  of  said  fire  de- 
partment, or  the  horses  attached  thereto,  or  the  offi- 

303 


c'ers  ill  eliarge  or  having  control  thereof*.  Any  per- 
son or  [versons  failing,  neglecting  or  refusing  to  com- 
ply with  the  terms  and  provisions  of  this  section,  or 
who  shall  in  any  manner  impede  or  obstruct  the 
progress  of  any  steam  engine  or  any  other  vehicle  or 
apparatus  of  the  hre  department  of  the  city,  or  the 
horses  attached  thereto,  or  the  officers  in  charge 
thereof,  shall,  upon  conviction  thereof,  be  fined  not 
less  than  ten  nor  more  than  two  hundred  dollars 
for  each  and  every  offense. 

§583.  Street  Cars,  Etc.  Stop  at  Sound  of  Gong. 
Penalty,  (b'ec.  2)  Whenever  the  gong  of  the  chief  or 
assistant  chief  of  the  fire  department,  or  of  any  hose 
wagon,  engine  or  other  vehicle  or  apparatus  of  the 
fire  deiiartment,  shall  be  sounded  when  in  the  line 
of  duty,  it  shall  be  the  duty  of  every  streetcar  driver, 
or  whosoever  shall  have  the  control  or  management 
of  any  street  car,  or  of  any  steam  engine,  car  or 
train,  in  close  proximity  to  any  vehicle  or  apparatus 
of  said  fire  department,  to  come  to  a halt,  so  that  any 
su(‘h  car,  engine  or  train  shall  not  in  any  manner 
discommode  or  obstruct  the  passage  or  turning  of 
any  of  the  fire  apparatus  of  the  city.  Any  person 
neglecting,  failing  or  refusing  to  comply  with  any 
of  the  requirements  of  this  vsection  shall,  upon  con- 
viction thereof,  he  fined  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars  for  each  and  every 
offense. 

§584.  Persons  Present  at  Fires.  Obey  Orders 
When.  Penalty.  (Sec.  3)  Every  person  who  shall 
be  ])resent  at  a fire  shall  he  subject  and  obedient  to 
the  orders  of  the  chief,  assistant  chief,  or,  in  the 
absence  of  such  chief  and  assistants  to  the  orders 
of  the  commissioner  of  public  safety,  or  either  of 
them,  the  mayor,  the  chief  of  police  or  other  police 
officer,  in  extinguishing  the  fire  and  removing  and 


304 


l)rotectini>-  property;  and  in  case  an}^  person  shall 
neglect  or  refuse  to  obey  such  orders  he  shall,  upon 
conviction  thereof,  be  lined  for  each  such  offense  not 
less  than  live  nor  more  than  one  hundred  dollars, 
and  all  officers  shall  have  the  power  to  arrest  any 
such  persons  so  neglecting  or  refusing  to  obey  such 
lawful  orders  as  aforesaid  and  to  hold  him  in  cus- 
tody until  after  the  fire  shall  have  been  extinguished, 
when  he  shall  be  taken  before  the  police  magistrate, 
to  be  dealt  with  according  to  law;  provided,  that 
no  person  shall  be  bound  to  obey  such  officer  unless 
the  official  character  of  the  officer  be  known  or 
made  known  to  such  person. 

§585.  Cordon  Around  Fire.  (Sec.  4)  The  chief 
of  the  fire  department,  or  any  assistant  in  command, 
may  prescribe  limits  in  the  vicinity  of  any  fire  within 
which  no  persons  excepting  those  who  reside  there- 
in, firemen  and  policemen,  and  those  admitted  by 
order  of  any  officer  of  the  fire  department,  shall  be 
permitted  to  come. 

§586.  Removal  of  Property.  (Sec.  5)  The  chief 
or  assistant  in  command  shall  have  the  power  to 
cause  the  removal  of  any  property,  whenever  it  shall 
become  necessary  for  the  preservation  of  such  prop- 
erty from  fire,  or  to  prevent  a spreading  of  fire,  or 
to  protect  adjoining  property. 

§587.  Property  Saved.  (Sec.  6)  No  person 
shall  be  entitled  to  take  away  any  property  in  pos- 
session of  the'  fire  department  saved  from  any  fire 
until  he  shall  make  satisfactory  proof  of  the  owner- 
ship thereof. 

§588.  Aid  of  Licensed  Vehicles.  (Sec.  7)  It 
shall  be  lawful  for  the  chief  and  his  assistants  to 
require  the  aid  of  any  draymen  with  his  team  and 
dray,  or  any  driver  of  a licensed  wagon  with  his 

305 


team  and  wagon  in  drawing  or  conveying  any  en- 
gine or  otlier  tire  apparatus  to  the  tire;  and  on  the 
refusal  or  neglect  of  any  such  person  to  corn])ly  with 
siK'Ji  recjuest,  the  offender,  on  conviction,  sliall  be 
fined  not  less  than  five  nor  more  than  twenty  dollars. 

§589.  Personating  Firemen.  (Sec.  8)  No  per- 
son not  a meml)er  of  the  tire  de])artment,  shall 
l)ersonate  a tireman  or  officer  of  the  tire  department, 
under  a i)enalty  of  not  more  than  ten  dollars  for  each 
otfense. 

§590.  Power  to  Destroy  Buildings,  When.  Sec. 
9)  When  a tire  is  in  progress  the  chief  of  the  tire  de- 
l)artment,  or  in  his  absence  the  assistant  chiefs,  or 
either  of  tliem,  may  (with  the  advice  of  the  commis- 
sioner of  public  safety,  or  the  mayor,  or  on  his  own 
motion,  if  none  of  said  officers  are  present)  order 
any  building  or  buildings  that  are  in  close  proximity 
to  such  tire  to  be  torn  down,  blown  up  or  otherwise 
disposed  of,  for  the  purpose  of  checking  the  con- 
flagration, but  neither  the  chief  nor  any  other  offi- 
cer or  member  of  the  tire  department  shall  unneces- 
sarily or  recklessly  destroy  or  injure  any  building  or 
other  property. 

§591.  Power  of  Arrest.  (Sec.  10)  The  chief 
and  his  assistants  shall  have  power,  during  a fire, 
and  for  a period  of  thirty-six  hours  after  it  is  extin- 
guished, to  arrest  any  person  suspected  of  incen- 
diarism, or  any  person  hindering,  resisting  the  fire- 
men or  conducting  himself  in  a noisy  and  disorderly 
manner,  or  refusing  to  obey  such  officer  while  act- 
ing in  a discharge  of  his  duty.  Said  officers  shall  be 
severally  vested  with  the  usual  powers  and  authority 
of  police  officers  to  command  all  ])ersons  to  assist 
them  in  making  necessary  arrests. 

§592.  Firemen  Act  as  Police  Officers,  When. 

306 


(8ec.  11)  In  case  of  riot  or  any  other  sudden  einer- 
i>ency,  requiring*  assistance  of  the  police  force,  the 
commissioner  of  public  safety,  or  the  mayor,  may 
issue  his  order  to  the  chief  or  to  either  of  the  assist- 
ant chiefs,  to  summon,  for  the  purpose  of  preserving 
the  peace,  the  entire  body  of  firemen  or  any  partic- 
ular company.  The  firemen,  when  acting  in  this 
capacity,  shall  have  all  the  authority  of  the  regular 
policemen. 


ARTICLE  3. 

PROTECTION  OF  FIRE  APPARATUS. 

§593.  Hindrance  to  Firemen.  (Sec.  1)  Any 
person  who  shall  wilfully  offer  any  hindrance  to  any 
police  officer  or  fireman  in  the  performance  of  his 
duty  at  a fire,  or  shall  wilfully  in  any  manner  injure, 
deface  or  destroy  any  engine  or  fire  apparatus  be- 
longing to  the  city,  shall  for  each  such  offense  be 
fined  not  less  than  fifty  nor  more  than  two  hundred 
dollars. 

§594.  Damaging  or  Obstrucing  Fire  Station, 
Etc.  Penalty.  (Sec.  2)  Any  person  who  shall  in  any 
way  deface,  or  do  any  injury  or  damage  whatsoever 
to  any  fire  station,  fire  apparatus  or  public  hydrant 
or  fire  plug,  or  shall  hitch  any  horse  or  other  animal 
to,  or  pile  goods  around,  or  in  any  manner  obstruct 
the  use  of  any  such  public  hydrant  or  fire  plug  shall, 
on  conviction  thereof,  be  fined  not  less  than  ten  nor 
more  than  one  hundred  dollars. 

§595.  Engine  House.  Non-Employes  Excluded. 

(Sec.  3)  No  person  other  than  firemen,  policemen  or 


307 


public  officers,  shall  enter  or  assemble  with  any 
other  person  or  persons  in  any  engine  house  belong- 
ing to  the  city  without  the  permission  of  the  officer 
in  charge  of  such  engine  house,  under  penalty  of 
two  hundred  dollars  for  each  offense. 

§596.  Fire  Alarms.  Penalty.  (Sec.  4)  Any  per- 
son who  shall  negligently  or  maliciously  turn  any 
false  alarm  to  any  police  street  station,  or  to  any  tire 
alarm  box  shall,  upon  conviction  thereof,  be  lined  not 
less  than  ten  nor  more  than  one  hundred  dollars. 

§597.  Driving  Over  Hose.  Penalty.  (Sec.  5) 
If,  during  any  tire  or  alarm  of  tire  when  the  service 
of  the  tire  department,  or  any  portion  thereof,  are 
called  into  requisition,  any  wagon,  cart,  carriage, 
street  car  or  other  railcar,  or  any  other  vehicle,  shall 
be  driven  over  the  hose  belonging  to  the  tire  depart- 
men,  the  driver  or  owner  or  owners  of  such  vehicle 
shall,  upon  conviction  thereof,  be  fined  in  a sum  not 
less  than  five  nor  more  than  fifty  dollars  for  each  and 
every  offense. 

§598.  Department  Keys.  Wrongful  Posses- 
sion. (Sec.  6)  Should  any  person  wrongfully  have 
in  his  possession,  or  without  authority  make  or  cause 
to  be  made,  any  key  or  keys  of  any  fire  engine  or 
truck  house,  police  signal  or  fire  alarm  telegraph 
box,  or  use,  or  cause  the  same  to  be  used,  he  shall  be 
fined  not  less  than  fifty  dollars  nor  more  than  two 
hundred  dollars  for  each  offense. 

§599.  Telegraph  Poles.  (Sec.  7)  Any  person 
who  shall  scratch,  stencil  or  post  placards  or  bills  on 
any  of  the  poles  used  for  the  wires  of  the  police  and 
fire  alarm  telegraph,  or  in  any  other  manner  deface 
or  injure  the  same,  shall  be  fined  not  less  than  five 
nor  more  than  twenty  dollars  for  each  offense. 

308 


§600.  Boxes.  Wrongful  Opening.  (Sec.  8)  No 
person,  unless  duly  autliorized,  shall  open  any  signal 
box,  unless  it  be  to  give  an  alarm  of  fire  or  to  com- 
municate with  the  police  on  necessary  business,  nor 
break,  cut,  injure,  deface,  damage  or  in  any  manner 
meddle  or  interfere  with  any  signal  box  or  the  fire 
alarm  or  police  telegraph  wires,  or  with  any  munic- 
ipal electric  wires,  poles,  conduits  or  apparatus 
whatever,  under  penalty  of  not  less  than  twenty-five 
nor  more  than  fifty  dollars  for  each  offense. 


ARTICLE  4. 

CONTROL  OF  FIRE  HYDRANTS. 

§601.  Fire  Hydrants  Under  Charge  of  Water 
Department.  Penalty  for  Interference  with  Same. 

(Sec.  1)  The  fire  hydrants  of  the  city  (except  such 
as  are  set  apart  to  the  use  of  the  sprinkling  depart- 
ment) shall  be  under  the  immediate  charge  of  the 
water  department,  and  it  shall  be  unlawful  for  any 
person  or  persons,  except  members  of  the  fire  de- 
partment, unless  specially  permitted  so  to  do  by  the 
superintendent  of  the  water  department,  to  interfere 
with  any  such  hydrant,  either  by  turning  the  water 
on  or  off  at  the  same,  or  interfering  therewith  in  any 
manner  whatsoever,  and  any  person  specially  per- 
mitted ,as  aforesaid,  to  operate  and  use  such  hydrant 
in  any  way,  shall  be  liable  for  any  injury  or  damage 
thereto. 

§602.  Hydrant  Obstruction.  (Sec.  2)  No  per- 
son shall  in  any  manner  obstruct  the  use  of  any  fire 
hydrant,  nor  place  any  material  in  front  thereof,  or 

309 


within  hve  feet  from  eitlier  side  thereof,  under  a 
penalty  of  ten  dollars  for  each  offense;  and  any  and 
all  material  forming  sneli  obstruetion  may  be  forth- 
with removed  by  any  meml)er  of  the  water  dej)art- 
ment,  and  at  the  risk,  eost  and  ex|)ense  of  tlie  owner 
or  ('laimant  thereof. 

§603.  Department  Wrench.  Use  Prohibited, 
When.  (Sec.  8)  No  member  of  the  tire  department 
shall  let  out,  or  sutfer  or  permit  any  person  to  take 
the  wrenches  furnished  to  the  tire  department  to  be 
used  in  case  of  tire,  or  permit  any  of  the  said  wrench- 
es furnished  said  department  to  be  taken  from  the 
engine  houses  of  said  department,  except  as  they  ac- 
company the  engines  or  other  apparatus  on  occasions 
of  fire,  or  for  other  purposes  connected  with  the  tire 
dei)artnient. 

§604.  Penalty.  (Sec.  4)  Any  person  who  shall 
violate  any  of  the  provisions  of  this  article  shall, 
upon  conviction,  be  lined  in  a sum  not  less  than  live 
nor  more  than  one  hundred  dollars  for  each  otfense. 


ARTICLE  5. 

FIRE  WARDEN,  AND  DUTIES  OF. 

§605.  Duties.  (Sec.  1)  It  shall  be  the  duty  of 
the  fire  warden: 

(1)  To  inspect  all  enclosures;  see  that  proper 
receptacles  for  ashes  are  provided,  cause  all  rubbish 
or  other  inflammable  material  to  be  removed,  and 
make  such  suggestions  and  issue  such  orders  to  the 
owner  or  occupants  of  buildings  as  will  in  his  opin- 
ion render  the  same  safe  from  fire. 


310 


(2)  He  shall  iiispeet  the  siiiToiindiiii^'.s  of  l)orl- 
ers  and  other  heatini*-  ap))aratns  of  any  hnildin^'  to 
ascertain  wliether  all  woodwork  is  ])roperly  ])i*o- 
tected  and  that  no  ruhhisli  or  coml)iisti])le  material 
is  allowed  to  accnnndate. 

(d)  Jle  shall  ins])ect  fire  escapes  and  stairways 
and  cause  the  removal  of  all  obstructions  therefrom, 
and  he  shall  ins])ect  all  ])laces  where  ex])losive  or 
infiammahle  coni])oimds  are  sold  or  stored. 

(4)  lie  shall  i)erform  such  other  duties  as  may 
be  prescribed  by  ordinance  or  by  the  rules  of  the 
commissioner  of  ])nblic  safety. 

§606.  Interfere  With.  (Sec.  2)  Any  person 
who  shall  interfere  with  the  fire  warden  in  the  dis- 
charge of  his  duties,  or  shall  hinder  or  prevent  him 
from  entering-  into  or  upon,  or  from  inspecting-  any 
buildings,  establishments,  enclosures  or  premises  in 
the  discharge  of  his  duties,  shall,  u])on  conviction, 
be  fined  in  a snm  not  less  than  five  nor  more  than  one 
hundred  dollars  for  each  offense. 


ARTICLE  6. 

MEASrRES  EOR  THE  PRE\  ENTION  OE  EIRES. 

§607.  Fire  Drills.  (Sec.  1)  The  manager  of 
each  theater  and  assembly  hall  shall  instruct  the 
employes  in  lire  drills,  and  the  same  shall  be  subject 
to  inspection  by  the  commissioner  of  })ublic  safety, 
the  chief  of  the  fire  department  or  by  some  one 
named  or  a]>])ointed  by  them. 


§608.  Firemen.  (Sec.  2)  The  manager  of  each 
theater  and  assembly  hall  may,  in  the  discretion  of 
the  commissioner  of  public  safety,  be  required  to 
have  a fireman  on  the  stage  at  all  times  during  ])er- 
formances.  The  fireman’s  salary  shall  be  paid- by 
the  city,  but  the  money  shall  be  refunded  by  the  the- 
ater or  assembly  hall  owner  or  manager. 

§609.  Fire  Protection.  Weekly  Reports.  (Sec. 
3)  Should  the  commissioner  of  public  safety  decide 
that  it  is  not  necessary  to  furnish  a fireman  in  any 
theater  during  performances,  he  may  require  that 
the  owner,  lessee  or  manager  of  any  theater  or  as- 
sembly hall  to  fill  out  each  week  the  following  weekly 
report  of  the  condition  and  utility  of  the  fire  protec- 
tion and  forward  the  same  to  the  commissioner  of 
public  safety,  signed  by  the  employe  in  charge. 

The  blank  books  for  said  report  shall  be  fur- 
nished to  the  theater  by  the  commissioner  of  public 
safety,  and  a failure  to  make  'said  weekly  report, 
when  the  same  shall  be  demanded  by  the  commis- 
sioner of  public  safety,  shall  be  cause  for  the  theater 
or  assembly  hall  to  be  closed  by  the  commissioner  of 
public  safety  until  a proper  examination  of  the  fire 
protection  has  been  made  and  set  out. 

Weekly  reports  shall  be  as  follows: 

Weekly  Report  Card. 

Commissioner  of  Public  Safety,  City  of  Colorado 
S])rings. 

Theater 

Date  of  inspection  

(1)  Are  a])proaches  to  exits  clear? 

(2)  Are  door  fastenings  to  exits  and  red  lights 
in  good  order? 


312 


(3)  Have  standpipes  all  liose  in  ])lace,  and  city 
pressure  turned  on? 

(4)  Is  the  tire-vent  and  valve  above  the  stage 
in  good  working  order? 

(5)  AVill  calcium  or  arc  lights  he  used  during 
the  coining  week? 

(6)  If  so,  is  there  a competent  electrician  in 
charge  of  the  same  ? 

(7)  Will  the  stage  electrician  remain  within 
ten  feet  of  the  switchboard  during  the  entire  per- 
formance ? 

(8)  Is  the  asbestos  curtain  in  good  working 
order? 

(9)  Are  the  sprinkling  systems  over  stage  and 
proscenium  arch  all  in  good  order? 

(10)  Is  the  fire  alarm  box  in  good  order? 

(11)  Is  the  telephone  from  the  stage  to  the  box 
office  in  good  order? 

(12)  Who  is  in  charge  of  the  fire  protection? 

Notice.  This  report  must  be  remitted  to  the 
commissioner  of  public  safety  each  week  when  per- 
formances are  to  lie. given. 

§610.  Bonfires.  Permits  For.  (Sec.  4)  Who- 
ever is  concerned  in  causing  or  making  a bonfire,  or 
shall  set  fire  to  or  burn  any  paper,  hay,  straw,  leaves, 
shavings  or  other  combustible  materials,  in  any 
street,  alley  or  other  public  place,  shall  be  subject 
to  a fine  of  not  less  than  ten  nor  more  than  one  hun- 
dred dollars,  ])rovided,  that  the  mayor,  the  commis- 
sioner of  public  safety  or  the  chief  of  the  fire  depart- 
ment may,  in  such  cases  as  he  may  deem  ])i*oper, 
grant  permits  in  writing  for  the  destruction  of  straw, 

313 


lenves,  or  othei*  riibhisli  where  the  same  ean  he  done 
without  damage  to  ])ro|)erty  or  annoyance  to  the 
piihli(%  hut  ail  such  material  or  any  rul)l)ish  hnrned 
shall  l)e  at  least  thirty  feet  from  any  huilding*. 

§611.  Combustible  Materials.  (Sec.  5)  Every 
])erson  kee])ing  or  occui)ying  any  sho])  or  other 
l)uilding  wherein  shavings  or  other  comhnstihle  ma- 
terials are  made  or  accnmnlated,  or  may  be  con- 
tained and  situated  within  two  hundred  feet  of  any 
other  l)nilding,  shall  clear  and  move  such  shavings 
or  other  combust il)Je  materials  out  of  any  such  shop 
or  huilding  and  the  yard  l)elonging  thereto  at  least 
three  times  in  each  week;  and  any  person  or  persons 
using  any  rags  or  waste  for  rubbing  furniture  or 
other  varnished  or  oiled  work  shall  burn,  or  cause 
to  be  burned,  all  such  rags  or  waste  every  day,  but 
if  any  such  rags  or  waste  are  not  burned  before  the 
close  of  the  working  day,  such  rags  or  waste  shall 
be  immersed  in  water;  any  person  guilty  of  violat- 
ing any  of  the  })rovisions  of  this  section  shall,  upon 
conviction,  be  lined  not  less  than  ten  nor  more  than 
one  hundred  dollars. 

§612.  Carrying  Fire  Through  the  Streets.  (Sec. 
())  No  })erson  shall  carry  fire  in  or  through  any  street 
or  lot  or  ])ublic  or  ])rivate  place,  except  the  same  be 
})laced  or  covered  in  some  close  or  secure  l)in  or  ves- 
sel, under  ])enalty  of  not  less  than  one  nor  more  than 
twenty-five  dollars  for  each  offense. 

§613.  Boiling  Pitch  and  Tar.  Permits.  (Sec. 
7)  Xo  ])erson  shall,  without  permission  of  the  com- 
missioner of  public  safety  or  chief  of  fire  dei)art- 
ment,  in  writing,  boil  any  pitch,  tar,  rosin  or  turpen- 
tine within  the  corporate  limits  unless  in  an  o))en 
s])ace  at  least  twenty  feet  distant  from  any  building 
or  other  pro])erty,  or  in  a fireproof  building,  in  the 
im]U'Ovement  of  streets  or  sidewalks,  under  a penalty 

3'4 


of  not  less  than  ten  dollars  nor  more  than  one  hnn- 
(Ired  dollars  for  each  offense. 

§614.  Inflammable  Oils  and  Explosives  Pro- 
hibited. (K^ee.  8)  Inflammahle  oils  or  explosives 
shall  never  be  placed  or  stored  near  any  stair  or  exit 
from  any  hnilding-,  so  as  to  render  the  exits  danger- 
ous in  case  of  fire  or  accident. 

§615.  Loose  Hay  or  Straw  Prohibited.  (Sec. 
9)  Loose  hay  or  straw  shall  not  he  piled  or  stacked 
in  any  lot  within  the  fire  limits,  or  kept  in  any  place 
outside  of  a proper  building  to  enclose  the  same. 

§616.  Hay.  Combustible  Material.  Within 
Sixty  feet  of  Building.  Penalty.  (Sec.  10)  Any 
person  who  shall,  within  the  fire  limits,  or  within 
sixty  feet  of  any  building  in  which  fire  is  kept,  put 
any  hay,  straw  or  other  combustible  materials  in 
stack  or  pile,  without  first  having  the  same  enclosed 
or  secured  so  as  to  protect  it  from  flying  sparks  of 
fire,  shall  be  fined  not  less  than  ten  nor  more  than 
one  hundred  dollars  for  each  and  every  offense,  and 
the  further  sum  of  ten  dollars  for  each  and  every 
day  the  same  shall  be  allowed  to  remain. after  notice 
from  the  chief,  assistant  chief  of  the  fire  department, 
or  from  any  fire  warden. 

§617.  Ashes.  Receptacle.  Penalty.  (Sec.  11) 
It  shall  be  the  duty  of  the  owner  of  every  building 
and  of  the  agent  having  the  control  of  the  same,  or 
being  in  charge  of  the  same,  to  furnish  a close  and 
secure  metallic  or  earthen  vessel,  or  brick  or  stone 
room  or  bin,  as  a receptacle  for  ashes;  and  it  shall 
be  the  duty  of  such  owner  or  agent,  and  also  of  every 
tenant  and  occupant  of  any  building  to  remove  the 
ashes  from  such  receptacle  when  the  same  is  filled. 
And  no  ashes  (except  at  manufactories  where  ashes 
are  used)  shall  be  kept  or  deposited  in  anything 

315 


other  tliaii  such  metallic  or  earthen  vessel,  or  stone 
or  brick  room  or  bin.  Any  person  failing  to  com- 
])ly  with,  or  violating  any  of  the  provisions  of  this 
section,  shall  be  fined  in  a sum  not  less  than  ten  nor 
more  than  one  hundred  dollars,  and  the  additional 
sum  of  five  dollars  for  every  twenty-four  hours  of 
failure  or  refusal  to  supply  such  receptacle  or  re- 
move such  ashes  after  notice  so  to  do  from  the  chief 
or  an  assistant  chief  of  the  fire  department,  or  any 
fire  warden  or  police  officer. 

§618.  Construction  of  Ashpits,  Etc.  (Sec.  12) 
All  receptacles  for  ashes  shall  be  built  of  brick,  stone 
or  other  noncombustible  materials,  with  walls  not 
less  than  eight  (8)  inches  thick,  with  proper  iron 
doors,  the  doors  to  be  kept  in  repair  and  closed  when 
not  being  used  to  empty  said  pits.  No  receptacle  for 
ashes  shall  ever  be  allowed  to  overflow  or  be  so  con- 
structed that  the  ashes  will  be  blown  about  by  the 
Avind.  When  ashcans  are  used  they  must  have  dou- 
ble bottoms  with  a space  of  at  least  two  (2)  inches 
betAveen  the  covers,  secured  Avith  iron  hinges,  and 
the  cans  at  all  times  be  in  proper  repair,  the  lid  to 
be  closed  AAdien  not  being  filled  or  emptied. 

§619.  Dropping  Straw,  Paper,  Etc.,  Prohib- 
ited. (Sec.  i3)  No  person  shall  throw,  cast 
or  init  into,  i drop  or  leaAm  in  any  public 
street,  alley,  sidewalk  or  passage  way,  or  in 
any  ])i*ivate  yard,  or  upon  any  private  place,  lot 
or  part  of  lot,  or  on  any  private  land,  enclosed  or 
unenclosed,  any  straw,  paper,  or  any  other  article  or 
thing  which  may  be,  or  may  become  liable  to  be 
drifted  or  carried  by  the  wind  into,  upon  or  along 
any  street,  alley,  public  place  or  public  grounds  in 
the  city,  and  thereby  litter  or  obstruct  the  streets 
or  alleys  of  the  city,  or  frighten  or  injure  or  en- 
danger horses  or  other  animals. 

316 


§620.  Penalty.  (Sec.  14)  Any  person  who  shall 
violate  any  provision  of  this  ordinance  for  which  a 
penalty  is  not  provided  shall,  upon  conviction,  be 
fined  in  a sum  not  less  than  three  nor  more  than  one 
hundred  dollars  for  each  offense. 

§621.  (Sec.  15)  All  ordinances  and  parts  of  or- 
dinances in  conflict  with  any  of  the  provisions  of 
this  ordinance  are  hereby  repealed.  [Ord.  No.  855, 
passed  Nov.  1,  1911.] 


ARTICLE  7. 

OF  GASOLINE  VAPOR  GAS-LIGHTING  MA- 
CHINES. 

§622.  How  Constructed  and  Installed.  (Sec.  1) 
All  gasoline  vapor  gas-lighting  machines  and  sys- 
tems to  he  installed  in  or  on  any  building  within  the 
corporate  limits  of  the  city  of  Colorado  Springs, 
shall  be  constructed,  installed  and  only  permitted 
when  such  construction  and  installation  is  in  strict 
accordance  with  the  following  rules  and  require- 
ments : 

(a)  Only  such  gasoline  vapor  gas-lighting  ma- 
chines and  systems  having  inside  carbureters,  out- 
side carbureters  and  flame-heated  generators  shall 
be  permitted. 

(b)  All  carbureters,  generators  or  other  de- 
vices of  whatsoever  name,  used,  for  the  purpose  of 
vaporizing  or  gasifying  gasoline  for  use  in  connec- 
tion with  gasoline  vapor  gas-lighting  machines  and 
systems,  shall,  if  located  inside  of  the  building  walls, 

317 


he  enclosed  in  an  extra  cabinet  constructed  of  at 
least  No.  14  U.  S.  ^'age  sheet  steel,  and  all  parts  of 
the  machine  or  system  containing  liquid  gasoline 
shall  he  enclosed  in  this  cabinet. 

(c)  All  tanks  used  for  the  storage  of  gasoline  in 
(‘onnection  with  gasoline  vapor  gas-lighting  ma- 
chines and  systems  shall  he  located  outside  of  the 
hnilding  and  if  over  six  (6)  gallons  capacity  shall 
he  buried  under  the  ground  in  an  approved  manner. 
All  tanks  of  six  (6)  gallons  capacity  or  less  shall  be 
enclosed  in  a cabinet,  constructed  of  at  least  No.  20 
II.  S.  gage  galvanized  iron,  with  door  securely 
locked. 

(d)  All  lamps  used  in  connection  with  gasoline 
vapor  gas-lighting  machines  and  systems  shall  be 
rigidly  supported  at  least  two  (2)  feet  from  the  ceil- 
ing and  shall  not  be  located  within  three  (3)  feet  of 
any  inflammable  goods,  shelving  or  other  combusti- 
ble material. 

(e)  All  gasoline  vapor  gas-lighting  systems 
having  inside  flame-heated  generators  shall  be 
equipped  with  a shnt-otf  valve,  securely  fastened  to 
the  inside  of  the  cabinet  inclosing  generator. 

(f)  All  valves  used  in  connection  with  gaso- 
line vapor  gas-lighting  machines  and  systems  shall 
be  constructed  of  non-corrosive  material. 

(g)  The  rules  and  requirements  pertaining  to 
class  “A,’’  class  “B”  and  class  of  the  National 
Board  of  Fire  Underwriters  for  the  construction, 
installation  and  use  of  gasoline  vapor  gas-lighting 
machines  and  systems  shall  be  included  in  this  ordi- 
nance and  no  gasoline  vapor  gas-lighting  machine 
or  system  will  be  permitted  to  be  installed  which  is 
not  listed  with  them. 


318 


§623.  Inspection.  Record.  (Sec.  2)  It  shall 
be  the  duty  of  the  city  electrician  to  iiis])ect  all  gas- 
oline vapor  gas-lighting  machines  and  systems  to 
ascertain  if  the  ordinance  in  regard  to  the  construc- 
tion, installation,  use  and  storage  of  gasoline  is  com- 
plied with.  He  shall  keep  records  of  such  inspec- 
tions and  shall  have  the  right  to  enter  ux:)on  any 
premises  at  all  reasonable  hours,  for  the  purpose  of 
inspecting  the  same. 

§624.  Permit  Required.  Application.  (Sec.  3) 
Any  firm,  corporation  or  individual  desiring  to  in- 
stall or  make  additions  to  a gasoline  vapor  gas-light- 
ing machine  or  system  shall  first  procure  a permit 
from  the  city  electrician.  Application  for  permits 
shall  be  on  printed  forms  furnished  by  the  city  and 
shall  contain  the  description  of  the  machine  or  sys- 
tem to  be  installed.  This  application  shall  be  filed 
with  the  city  electrician. 

§625,  Additions  to  Existing  Machines.  Re- 
quirements. (Sec.  4)  No  additions  shall  be  made  to 
any  existing  gasoline  vapor  gas-lighting  machine  or 
system  except  on  the  condition  that  the  machine 
or  system  as  well  as  the  addition  itself,  conforms  to 
the  requirements  of  this  ordinance. 

§626.  Charges  for  Inspection.  (Sec.  5)  The 
city  electrician  shall  charge  for  inspection  as  fol- 
lows: 

(a)  For  each  gasoline  vapor  gas-lighting  ma- 
chine or  system  having  three  (3)  lamps  or  less,  one 
dollar  ($1);  for  each  additional  lamp,  ten  (10) 
cents. 

(b)  For  each  inspection  made  necessary  by 
faulty  construction,  installation  or  storage,  fifty  (50) 
cents. 


319 


(c)  For  any  subsequent  chang-e  in  the  installa- 
tion or  storage,  fifty  (50)  cents. 

§627.  Condemned  Machines.  Removal.  Arbi- 
tration. (^!ec.  6)  The  city  electrician  is  authorized 
to  have  gasoline  vapor  gas-lighting  machines,  sys- 
tems or  lamps  disconnected  or  removed  from  the 
building,  when  in  his  judgment  the  said  machine, 
system  or  lamps  are  hazardous  to  life  and  property. 
Said  machine,  system  or  lamps  shall  not  again  be 
installed  or  used  until  it  is  made  to  conform  with  the 
requirements  of  this  ordinance.  The  city  electrician 
may  at  his  discretion,  notify  in  writing  the  owner 
of  such  machines,  systems  or  lamps  to  have  them  re- 
moved or  placed  in  accordance  with  this  ordinance 
within  thirty  (30)  days  from  date  of  such  notifica- 
tion. 

All  disputes  which  may  arise  between  the  owner 
or  party  charged  with  repairs  or  changes  of  con- 
demned property  and  the  city  electrician,  and  which 
can  not  be  settled  by  them,  shall  be  referred  for  set- 
tlement to  the  commissioner  of  public  safety,  who 
shall  appoint  a disinterested,  competent  person  to 
act  with  the  city  electrician  and  such  third  person  as 
may  be  appointed  by  the  party  or  his  agent  owning 
the  property  sought  to  be  condemned,  and  the  find- 
ing of  a majority  of  the  board  so  constituted  shall 
be  final  and  binding  upon  both  the  owner  of  the 
pro]:>erty  and  the  city. 

§628.  Penalty.  (Sec.  7)  Any  firm,  corporation 
or  individual  who  shall  fail,  neglect  or  refuse  to  com- 
ply with  any  of  the  provisions  of  this  ordinance 
shall,  on  conviction,  be  fined  in  a sum  not  less  than 
five  dollars  ($5)  nor  more  than  three  hundred  dol- 
lars ($300)  for  each  offense.  Each  day  shall  con- 
stitute a separate  offense.  [Ord.  No.  823,  passed  Oct. 
5,  1910.] 


320 


ARTICLE  8. 

REGULATING  THE  USE,  HANDLING,  AND 
STORAGE  OF  INFLAMMABLE  FLUIDS. 

§629.  Must  Conform  to  Rules.  (Sec.  1)  No  gas- 
oline, benzine  or  other  petroleum  or  coal  tar  prod- 
ucts and  other  inflammable  fluids  having  a minimum 
flash  point  below  one  hundred  (100)  degrees  Fahr., 
when  tested  in  the  legal  state  tester  or  in  the  Tag- 
liabue  open-cup  tester  as  used  for  tests  of  burning 
oils,  shall  be  stored  or  handled  in  the  city  of  Colo- 
rado Springs  excepting  under  the  following  rules. 
For  the  purpose  of  this  ordinance,  all  such  fluids 
shall  be  known  as  volatile  inflammable  fluids.’^ 

§630.  Permit  Required.  (Sec.  2)  A permit 
shall  be  obtained  from  the  chief  of  the  fire  depart- 
ment for  the  storage  or  keeping  of  any  volatile  in- 
flammable fluid  in  excess  of  one  (1)  gallon  in  any 
building  and  of  ten  (10)  gallons  on  any  premises. 

No  such  fluids  shall  be  allowed  in  any  school- 
house,  religious,  amusement  or  other  public  or  semi- 
public places  or  gatherings  or  near  to  any  stair  or 
passageway,  elevator  or  exit,  excepting  that  for 
demonstration  or  competitive  purposes,  or  for  in- 
dustrial or  mechanical  uses,  the  chief  of  the  fire  de- 
partment may  issue  permits  for  same,  as  herein  pro- 
vided for. 

§631.  Metallic  Cans  Required.  (Sec.  3)  Except 
as  otherwise  permitted,  all  such  fluids  stored  or  kept 
inside  a building  shall  be  in  metallic  cans,  riveted, 
brazed,  double-lock  seamed,  and  soldered,  or  other- 
wise made  fluid-tight,  and  with  openings  at  the  top 
only,  and  so  arranged  as  to  be  quick  closing  and  nOt 
spill  or  leak  in  whatever  position  they  may  be 
placed.  All  cans  shall  be  permanently  and  conspic- 

321 


nously  marked  as  to  the  nature  and  hazard  of  the 
fluid,  and  no  other  fluid  shall  be  permitted  to  be  kept 
in  such  cans.  No  such  fluid  shall  be  sold  or  kept  in 
g'lass  bottles. 

§632.  Limit  of  Quanity.  How  Stored.  (Sec. 
4)  Not  exceeding-  a total  of  one  (1)  gallon  of  such 
volatile  inflammable  fluid  may  be  kept  by  any  occu- 
pancy inside  of  any  building,  except  as  permitted 
for  special  occupancy  by  ordinance,  and  except,  that, 
special  permission  maj^  be  granted  by  the  chief  of 
the  fire  dej^artment.  To  printing  and  similar  estab- 
lishments to  exceed  one  (1)  gallon,  but  not  more 
than  live  (5)  gallons,  if  distributed  in  safety  cans, 
none  of  which  shall  exceed  one  quart  in  capacity. 

Quantities  not  exceeding  ten  (10)  gallons  may 
be  kept  outside  any  building  and  above  ground,  but 
must  be  in  the  original  receptacle,  or  in  safety  cans, 
or  in  tank  used  with  lighting  systems,  and  must  be 
protected  against  damage.  Said  cans  must  be  lo- 
cated at  least  five  feet  from  any  cellar  opening  or 
opening  to  room  which  contains  any  fire,  open  light 
or  spark-making  device  located  below  or  on  a line 
with  the  place  of  storage. 

§633.  Rules  for  Storage.  (Sec.  5)  The  amount 
of  such  volatile  inflammable  fluid  permitted  to  be 
kept  for  sale  or  use  shall  be  as  given  in  table  No.  1, 
except  that  within  the  fire  limits,  no  storage  above 
ground  in  excess  of  ten  (10)  gallons  shall  be  permit- 
ted, other  than  in  metallic-wheeled  tanks  in  garages 
as  given  in  section  No.  21. 

Table  No.  1:  Maximum  amounts  of  volatile  in- 
flammable fluids  allowed  to  be  separately  stored  out- 
side the  fire  limits,  according  to  distance  from  other 
structures: 


322 


NUMBER  OF  GALLONS  ALLOWED  TO  BE  STOKED 


Distance  from  other  buildings  or 

structures: 

Not  IVhoUy 

In  Tanks 
Not  JV  holly 

IV holly  in 
U ndergound 

Under  10  feet  

In  Tanks 
100 

Underground 

100 

Tanks 

1,500 

Over  10  feet  and  not  exceeding 

20  feet 

500 

1,500 

5,000 

Over  20  feet  and  not  exceeding 

30  feet. . . 

2,000 

6,000 

20,000 

Over  30  feet  and  not  exceeding 

50  feet  ... 

5,000 

15,000 

50,000 

Over  50  feet  and  not  exceeding 

75  feet 

10,000 

50,000 

Unlimited 

Over  75  feet  and  not  exceeding  100  feet.  .. 

15,000 

150,000 

Over  100  fe«t  and  not  exceeding  150  feet. . 

20,000 

Unlimited 

Over  150  feei  

See  Section  6.  See  Section  5. 

Unlimited 

Except  as  specified  in  section  6,  all  reserve  and 
storage  stocks  of  such  volatile  inflammable  fluids  in 
excess  of  ten  (10)  gallons  shall  be  kept  in  tanks. 

Tanks:  Tanks  shall  be  made  of  galvanized 

steel,  open-hearth  basic  steel,  or  wrought  iron  of 
a gage  depending  upon  the  capacity,  as  follows: 

120  gallons  or  less  at  least  No.  18  U.  S.  gage. 

121  to  180  gallons  at  least  No.  16  U.  S.  gage. 

181  to  320  gallons  at  least  No.  14  U.  S.  gage. 

321  to  500  gallons  at  least  No.  12  U.  S.  gage. 

501  to  4,000  gallons  at  least  No.  7 U.  S.  gage. 

4,001  to  10,000  gallons  at  least  V4  inch  with  %-inch 
heads. 

10,000  gallons  and  over  % inch  with  %-inch  heads. 

Tanks  shall  be  riveted,  welded  or  brazed  and 
shall  be  soldered  or  caulked  or  otherwise  made  tight 
in  a mechanical  and  workmanlike  manner,  and  shall 
safely  sustain  a hydrostatic  test  at  least  double  the 
possible  pressure  to  which  tank  may  be  subjected 
and  if  to  be  used  above  ground  or  with  a pressure 
discharge  system  not  less  than  40  pounds  per  square 
inch.  They  shall  be  covered  with  asphaltum  or 
other  approved  non-rusting  paint  or  coating.  All 
pipe  connections  shall  be  threaded  into  or  through 
flanges  or  reinforced  metal  securely  riveted  or  bolted 
to  tank  and  made  tight  without  gaskets. 

Tanks  to  be  kept  in  a location  satisfactory  to 
the  chief  of  the  fire  department  and  may  be  permit- 

323 


ted  miderneatli  a building  if  located  two  feet  below 
the  basement  floor.  If  buried  underground,  top  of 
tank  must  be  at  least  two  feet  below  the  surface,  and 
below  the  level  of  the  lowest  pipe  in  the  building 
used  in  connection  with  the  apparatus. 

If  underneath  any  building  or  if  within  ten  feet 
of  any  building  and  not  below  the  lowest  level  of 
any  floor  within  such  building,  it  must  be  enclosed 
by  at  least  6 inches  of  concrete.  No  air  space  shall 
be  allowed  immediately  outside  of  such  tank.  All 
connections  from  tank  to  any  house  or  subsurface 
drain  shall  be  so  arranged  as  to  prevent  the  flow  of 
volatile  inflammable  fluid  to  any  such  system  or  the 
leakage  of  any  inflammable  gases  from  such  fluid,  or 
properly  constructed  inflammable  fluid  collectors 
shall  be  provided  in  such  connection. 

Tanks,  when  above  ground,  must  be  set  on  sub- 
stantial foundations,  and  each  must  be  surrounded 
by  a substantial  earth,  brick  or  concrete  wall,  or 
levee,  of  such  height  as  to  contain  V/2  times  the  full 
contents  of  such  tanks,  and  of  dimensions  and 
strength  satisfactory  to  the  chief  of  the  fire  depart- 
ment. Such  reservoir  shall  be  fluid-tight,  kept  in 
good  condition  and  not  provided  with  outlet  or  drain 
pipes.  All  such  above-ground  tanks  shall  have  all 
openings,  including  vent,  fill  and  draw-off  pipe, 
screened  with  30  x 30-mesh  brass-wire  screen. 

Except  where  tank  is  located  underneath  the 
building,  it  may  have  a test  well,  provided  the  top 
end  of  such  well  shall  be  hermetically  sealed  and 
locked  except  when  necessarily  open. 

Piping.  All  pipe  carrying  volatile  inflammable 
fluids,  except  in  dry-cleaning  establishments,  shall 
pitch  toward  tanks  without  any  traps  or  pockets; 
shall  enter  the  tank  at  the  top  and  shall  be  protected 

324 


against  mecliaiiical  injury.  The  end  of  the  filling 
pipe  shall  he  carried  to  an  approved  point  outside  of 
any  building,  but  not  within  five  feet  of  any  entrance 
door,  or  cellar  opening,  and  shall  be  set  in  an  ap- 
proved metal  box  with  cover  which  shall  be  kept 
locked  except  during  filling  operations;  this  filling- 
pipe  shall  be  closed  by  a cap.  A 30  x 30-mesh  brass- 
screen  strainer  shall  be  placed  in  the  supply  end  of 
filling  pipe. 

All  storage  systems  under  buildings  in  which 
the  tank  may  contain  inflammable  gases  shall  have 
at  least  a 1-inch  vent  pipe,  run  from  top  of  tank  to 
a point  outside  of  the  building  and  acceptable  to  the 
chief  of  the  fire  department,  but  which  shall  be  at 
least  12  feet  above  point  of  filling  and  in  an  inaccess- 
ible location  remote  from  fire  escapes  and  never 
nearer  than  three  feet,  measured  horizontally  and 
vertically,  from  any  window  or  other  opening.  The 
tank  vent-pipe  shall  terminate  in  a gooseneck  pro- 
tected in  the  outer  end  by  a 30-mesh  brass-wire 
screen  or  pressure  valve;  or  a combined  vent  and 
filling  pipe,  so  equipped  and  located  as  to  vent  the 
tank  at  all  times,  even  during  filling  operations,  may 
be  used.  The  vent  pipe  from  two  or  more  tanks  may 
be  connected  to  one  upright,  provided  they  be  con- 
nected at  a j)oint  at  least  one  foot  above  supply  fill- 
ing level.  All  tanks  used  for  storing  volatile  inflam- 
mable fluids  shall  be  ventilated  in  a manner  satis- 
factory to  the  chief  of  the  fire  department. 

All  pipes  used  in  the  installation  of  such  tanks 
and  systems  shall  be  of  standard  full  weight  galvan- 
ized iron  or  steel,  with  suitable  brass' or  galvanized 
iron  fittings.  No  rubber  or  other  packings,  and  no 
flanges,  shall  be  used.  If  unions  are  used,  at  least 
one  face  must  be  of  brass,  with  close-fitting  conical 
joints.  Litharge  and  glycerine,  shellac  or  other 
suitable  material  shall  be  used  on  pipe  joints. 

325 


No  i)ortioii  of  the  installation  shall  be  covered 
from  sight  until  after  an  ins])ection  hy  the  chief  of 
tlie  lire  department  and  his  written  approval  has 
been  given. 

All  drawing-off  pipes  terminating  inside  of  any 
])nilding  shall  have  a self-draining  pump  and  a 
screw-closing  or  nozzle  valve  at  the  discharge  end; 
])ipe  shall  not  terminate  at  any  point  lower  than  the 
level  of  the  intake  end  of  the  filling  pipe. 

§634.  Storage  Outside  Fire  Limits.  (Sec.  6) 
Outside  of  the  fire  limits  the  storage  and  handling 
of  volatile  infiammahle  fluids,  in  cans,  drums  or  bar- 
rels, in  exces  of  ten  (10)  gallons  shall  be  inside  of 
buildings  detached  at  least  five  feet,  or  as  given  in 
table  No.  1,  the  walls  of  which  shall  be  impervious 
to  liquids  and  shall  be  of  solid  masonry  not  less  than 
12  inches  thick  nor  more  than  16  feet  high  built  in 
one  story,  with  a 4-foot  parapet,  and  without  wall 
openings  within  three  feet  from  the  floor,  thus  form- 
ing a reservoir  section.  The  walls  of  this  reservoir 
section  and  their  supports  shall  be  at  least  4 inches 
thicker  than  the  walls  above  them;  they  shall  be 
laid  in  cement  mortar,  the  floor  to  be  of  equivalent 
construction.  There  shall  be  no  openings  of  any 
character  from  this  section  or  connections  to  any 
public  sewer  or  drain,  or  water  course. 

The  reservoir  section  shall  have  a holding  ca- 
|)acity,  measured  from  the  line  one  foot  below  its 
lowest  wall  opening,  equal  to  the  maximum  quantity 
of  such  fluids  to  be  stored  or  kept  in  the  building. 

Non-combustible  materials  only  shall  be  used 
in  the  construction  and  outfittings  of  such  buildings. 
AVindows  shall  have  standard  wired  glass,  and  in 
addition  shall  have  standard  fire  shutters  if  within 
fifty  feet  of  adjoining  structures. 

326 


No  sucli  building-  shall  be  occupied  for  any  piir- 
])ose  other  than  tlie  storage  and  handling  of  oils  or 
other  inflannnable  fluids  and  their  ap])urtenances. 
No  exposed  flame  or  fire  shall  be  allowed  within  such 
building,  and  lighting  shall  be  as  giyen  in  section  45. 

§635.  How  Drawn  From  Tanks.  Pumps.  (Sec.  7) 
All  volatile  inflannnable  fluids  shall  be  drawn  from 
tanks  by  pumx)s  so  constructed  as  to  prevent  leaking 
or  waste  splashing;  or  by  some  other  system  ap- 
proved by  the  chief  of  the  fire  department,  with  con- 
trolling apparatus  and  piping  so  arranged  ^s  to  al- 
low control  of  the  amount  of  discharge  and  prevent 
leakage  or  discharge  inside  the  building,  by  any  de- 
rangement of  the  system.  The  pump  or  other  draw- 
ing-off device  shall  be  located  on  or  al)ove  the  first 
floor,  preferably  near  an  entrance  or  other  well-ven- 
tilated place. 

The  exposed  drawing  of  any  volatile  inflamma- 
ble fluid  within  dangerous  proximity  to  open  flame 
or  fire  is  expressly  prohibited. 

§636.  Kerosene  Oil.  Regulations.  (Sec.  8)  All 
kerosene  oil  intended  for  lighting  shall  be  of  the 
legal  state  test.  A permit  may  be  obtained  from  the 
chief  of  the  fire  department  for  the  keeping  for  sale 
or  use  of  any  quantity  of  such  oils  in  excess  of  ten 
gallons.  A quantity  of  such  oils,  not  exceeding  five 
(5)  barrels  of  fifty-five  (55)  gallons  each,  may  be 
stored  or  kept  in  any  building  occupied  l)y  not  more 
than  one  family,  provided  such  storage  is  in  con- 
formity with  such  s])ecial  rules  as  may  be  laid  down 
by  the  chief  of  the  fire  department,  and  a quantity 
not  exceeding  seventy  (70)  gallons  may  l^e  stored  or 
kept  under  like  conditions  in  a building  occupied  by 
more  than  one  family.  Such  oils  or  fluids  must  be 
stored  in  the  original  and  unbroken  packages  or  in 


327 


approved  metal  tanks  of  not  over  one  hundred  and 
twenty  (120)  gallons  capacity.  Such  tanks  shall  be 
made  of  not  less  than  No.  22  soft  galvanized  iron,  or 
tin  plate,  or  Taggers  plate  suitable  for  the  purposes, 
all  joints  to  l)e  locked,  double  seamed  or  riveted, 
handed  and  soldered.  Fluids  shall  be  drawn  from 
these  tanks  by  non-splashing  pumps,  over  which  a 
hinged,  tight-fitting  hood  or  cover  shall  be  provided, 
sufficiently  large  to  hold  all  funnels,  measures,  etc., 
unless  an  oil-handling  system  that  eliminates  fun- 
nels, measures,  and  all  possibility  of  leaking  is  used. 
All  such  tanks  shall  be  set  on  substantial  non-com- 
hustible  bases,  removed  from  fire  or  heat  influences, 
and  the  floor  for  at  least  three  feet  each  way  from 
front  of  tank  shall  be  of  non-combustible  materials 
or  covered  with  metal.  Greater  quantities  than  five 
barrels  of  fifty-five  gallons  each  may  be  stored  as  to 
quantity  and  distance  in  detached  warehouses  or  in 
tanks  as  described  in  sections  5 and  6,  except  that 
there  need  not  be  a reservoir  section,  if  all  the  stock 
is  ke])t  in  barrels  or  original  packages;  the  chief  of 
the  fire  department  may  modify  the  isolating  dis- 
tance of  the  building  or  tank  from  other  buildings 
should  there  he  physical  obstacles  to  carry  out  the 
nde,  but  in  all  cases  the  chief  of  the  fire  department 
shall  see  to  it  that  ample  and  safe  means  of  escape  is 
provided  for  employes  and  others,  in  case  of  fire. 

No  combustible  floors,  baseboards,  trim,  fixtures 
or  drip  pans  shall  he  allowed. 

§637.  Application  for  Permit.  Inspection.  (Sec. 
9)  No  person,  firm  or  corporation  shall  sell,  store  or 
distribute,  any  of  the  foregoing  volatile  inflammable 
fluids,  or  lighting  or  fuel  oils  witliin  the  city  without 
first  having  made  written  a])plication  to  the  chief  of 
the  fire  department  for  a permit  to  do  so.  The  chief 
of  the  fire  department  shall  make  a personal  inspe(^- 

328 


tioii  of  the  premises  proi)osed  to  be  used  for  sueli 
sale  or  storage,  and  the  means  of  distribution,  and 
if  in  his  opinion  the  conditions,  surroundings  and 
arrangements  are  such  that  the  intent  of  this  ordi- 
nance can  be  observed,  then  he  shall  issue  a permit 
that  such  sale  or  storage,  or  distribution  may  be 
conducted.  All  tank  wagons  or  other  vehicles  or 
means  of  distribution  of  such  fluids  or  oils  for  retail 
or  supply  shall  be  subject  to  the  approval  of  the 
chief  of  the  fire  department,  who  shall  keep  a record 
of  such  wagons  or  vehicles,  and  they  shall  be  plainly 
marked  with  their  record  number.  It  is  especially 
directed  that  all  faucets  connected  to  such  tank 
wagons  shall  be  kept  locked  when  not  in  actual  use, 
and  all  measures,  faucets,  etc.,  shall  be  covered  or 
otherwise  protected  from  mischievous  persons. 

§638.  New  Manufacturing.  Refining.  Plants. 
Permit.  (Sec.  10)  No  licenses  or  permits  shall  be 
granted  for  the  establishment  of  new  or  additional' 
plants  for  manufacturing,  refining  or  treating  in- 
flammable or  volatile  oils,  fluids  or  substances  within 
the  limits  of  the  city  until  after  a survey  has  been 
made  by  the  chief  of  the  fire  department  and  an 
investigation  made  of  all  hazardous  conditions  con- 
nected therewith.  If  there  are  no  schools,  churclies, 
hospitals,  or  public  halls  within  800  feet,  and  no 
other  buildings  than  those  of  the  applicant  within 
150  feet  of  the  proposed  manufactory,  or  refinery,  or 
storage,  and  the  other  conditions  are-  agreeable  to 
the  spirit  and  intent  of  this  ordinance,  and  a^e  in 
every  safe-guarding  feature  satisfactory  to  the  chief 
of  the  fire  department  he  may  grant  a ]3erniit  or 
license  for  the  location  desired,  but  not  otherwise; 
provided,  also,  that  a guarantee  to  maintain  an  o|)eii 
space  one  hundred  and  fifty  feet  wide,  on  all  sides 
shall  be  given  by  the  applicant. 


329 


§639.  Tanks  Safeguarded.  (He(‘.  11 ) All  metal- 
li(‘  pai'ts  of  tanks  and  a])])urtenances  must  be  well 
gi-onnded  eleetrieall y.  In  all  eases  there  shall  be 
installed  and  niaintained  sueh  fire  appliances  and 
safegnai-ds  as  may  ])e  directed  hy  the  chief  of  the  fire 
d(‘pai‘tment. 

§640.  Garage  Defined.  (Sec.  12)  A garage  shall 
he  construed  to  mean  a l)uilding  or  portion  thereof 
in  which  are  housed,  for  rent,  care,  demonstration, 
storage  or  sale,  self-i)ropelled  vehicles  or  other 
wheeled  machines,  containing  in  the  tanks  thereof, 
volatile  infiammal)le  finid  for  fuel  or  power;  also 
all  adjoining  structures  or  buildings  not  cut  off  by  an 
impierced  fire  wall.  All  plans  for  such  buildings 
shall  be  filed  with  the  building  inspector  and  shall 
also  be  submitted  for  apimoval  to  the  chief  of  the  fire 
de]^artment. 

§641.  Garage.  Firewalls,  Etc.  (Sec.  13)  No 
garage  shall  he  allowed  or  kept  in  any  hnilding  used 
in  whole  or  in  ])art  for  a school,  or  place  of  assembly 
or  detention,  liotel  or  apartment,  tenement  or  lodg- 
ing house,  or  within  50  feet  of  any  of  them.  Any 
hnilding  erected  or  remodeled  as  a garage  and  occn- 
))ied  in  |)art  as  an  office  hnilding,  manufacturing 
establishment,  warehouse  or  store,  shall  have  such 
})arts  entirely  cut  off  from  the  ])ortion  used  as  a 
garage,  hy  nn])ierced  firewalls  at  least  12  inches 
thick  and  hy  fireproof  floors  and  shall  he  provided 
with  adecpiate  means  of  exit  independent  of  that 
used  for  the  garage.  All  windows  of  such  ])ortions 
thus  oc(mpied,  located  above  parts  used  as  a garage, 
shall  he  provided  with  wired-glass  windows  in  metal 
fi'ames  for  the  first  two  floors  above. 

§642.  Permit  for  Garage.  (Sec.  14)  No  antonio- 
hile  garage  shall  be  maintained  within  the  limits  of 
the  (*ity  of  ("olorado  Springs  by  any  person  or  per- 


sons,  linn  or  corporation,  unless  a ])ermit  shall  first 
have  been  obtained  from  the  hnildin£>*  inspe(dor  and 
the  chief  of  the  fire  department.  Sncli  ])ermit  shall  he 
issued  for  the  ])eriod  of  one  year,  and  only  after  in- 
s])ection  and  a|)proval  of  such  antomobile  garage  by 
the  chief  of  the  fire  de])artment  and  the  com})liance 
with  all  the  I'egnlations  in  this  ordinance. 

§643.  Garages.  Fireproof  Construction.  (Sec. 
15)  All  garages  erected  in  the  future,  except  as  here- 
inafter specified  as  private  garages,  shall  be  of  fire- 
proof construction.  All  trim  or  other  interior  finish 
must  be  of  metal  or  of  other  non-inflammable  mate- 
rial approved  by  the  building  inspector. 

§644.  Garages.  Rooms  Beneath  Forbidden. 
Elevators.  Stairs.  (Sec.  16)  No  rooms,  or  open  or 
closed  spaces  of  any  character  shall  be  permitted 
below  any  building  hereafter  erected  or  used  for  the 
l)iirpose  of  repairing  automobiles  or  cleaning  them 
or  any  of  the  parts  thereof  with  volatile  inflamma- 
ble fluids. 

All  elevators  and  stairways  in  garages  shall  be 
enclosed  with  fireproof  materials.  All  openings  in 
stair  or  elevator  enclosure  shall  be  protected  with 
standard  automatic  firedoors^. 

§645.  Buildings  for  Garages.  Permit.  (Sec. 
17)  No  building  of  other  than  fireproof  construction 
shall  be  remodeled  for  use  as  a garage,  except  that 
existing  buildings  of  non-fireproof  construction,  oth- 
er than  frame  buildings,  when  30  feet  distant  from 
all  other  buildings  and  with  no  other  occupancy,  may 
be  so  used,  but  shall  comply  with  all  the  require- 
ments given  in  section  16,  and  the  ground  floor  of 
such  buildings  shall  be  of  brick  or  concrete.  No  non- 
fireproof  building  shall  be  used  or  remodeled  as  a 
garage  except  by  special  permit  of  the  city  council. 


33 


§646.  Wooden  Building.  Floors.  Drip-pans 
and  Cleaning  Required.  (Sec.  18)  Where  combusti- 
])le  buildings  are  now  l)eing  used  for  garage  pur- 
poses, in  which  wooden  floors  exist,  sufficiently 
large  and  fluid-tight  metallic  drip-pans  shall  be 
])laced  under  all  motor  vehicles,  and  all  floors  shall 
be  Avell  cleaned  and  mopped  each  day  with  a strong 
alkali  or  other  non-flammable  grease-solvent  solu- 
tibn. 

§647.  Private  Garages.  (Sec.  19)  All  automo- 
bile garages  or  shelters  housing  not  more  than  three 
motor  vehicles  shall  be  known  as  private  garages 
and,  if  located  not  closer  than  20  feet  to  any  other 
building,  may  be  of  non-flreproof  construction,  but 
must  have  walls  of  masonry;  provided,  that  if  any 
portion  of  such  building  is  used  as  a dwelling,  the 
portions  so  used  must  be  entirely  cut  off  from  the 
remainder  of  the  building  by  unpierced  fireproof 
floors  and  walls,  and  provided  further,  that  shelters 
or  garages  in  residential  districts  with  capacity  for 
only  one  automobile  may  be  of  frame  or  metal-clad 
construction.  Such  non-flreproof  garage,  if  consid- 
ered l)y  the  chief  of  the  fire  department  as  especially 
hazardous  and  endangering  adjoining  property, 
shall  be  replaced  by  a fireproof  structure  or  its  use 
as  a garage  discontinued. 

§648.  Garages.  Heating  and  Ventilation.  Ex- 
posed Fires.  (Sec.  20)  The  heating  for  all  buildings 
used  for  garage  ])urposes  must  be  done  by  steam  or 
hot  water.  All  boiler  or  other  furnaces  must  be  in  a 
room  separated  from  all  other  parts  of  the  garage,  by 
an  unpierced  firewall  at  least  eight  (8)  inches  thick. 
Forges  or  other  exposed  fires,  lights  or  spark-emit- 
ting devices  or  machines,  and  all  repair  shops,  or 
rooms  used  for  cleaning  with  volatile  inflammable 
fluids,  if  on  or  below  the  topmost  floor  where  volatile 


332 


inflammable  fluids  are  present,  must  be  in  a fireproof* 
room,  with  all  doors  and  opening's  between  such 
rooms  and  other  parts  of  the  garage  provided  with 
standard  automatic-closing  firedoors  kept  closed. 
All  such  rooms  must  be  ventilated  at  floor  line  as  de- 
scribed in  section  24. 

§649.  Automobile  Tanks.  Filling  of.  Cleaning. 

(Sec.  21)  The  supply  tanks  attached  to  or  belong- 
ing to  vehicles  or  wheeled  machines  must  be  filled 
direct  from  the  storage  tank  through  hose  of  such 
design  and  material  as  to  prevent  the  leakage  of 
such  fluids,  or  approved  closed  wheeled  metallic 
tanks  or  buggies  not  exceeding  in  capacity  sixty 
(60)  gallons  and  provided  with  pump  drawing  from 
the  top  of  such  container,  and  with  hose,  may  be 
used  for  transferring  from  storage  tanks  to  the 
vehicle  tank.  No  open-top  or  splashing  or  wasting 
pumps  shall  be  used  and  every  precaution  shall  be 
taken  to  prevent  or  reduce  evaporation  of  such 
fluids;  rubber-tired  wheels  only  shall  be  used  on 
portable  tanks.  Not  more  than  one  such  wheeled 
tank  or  buggy  shall  be  allowed  in  any  garage  except 
by  written  special  permission  of  the  chief  of  the  fire 
department  and  no  other  container  shall  be  permitted 
in  any  garage.  The  use  of  one  metallic  automatic- 
closing can  not  exceeding  five  gallons  in  capacity 
may  be  allowed  in  private  garage  by  special  permis- 
sion of  the  chief  of  the  fire  department. 

The  use  of  gasoline  for  cleaning  any  parts  of  an 
automobile  is  prohibited,  except  in  a special  room 
ventilated  as  given  in  section  24,  and  used  for  this 
purpose  only,  or  outside  of  any  building  and  at  least 
10  feet  from  any  opening  in  any  buildings. 

§650.  Storage.  Drawing-off  Near  Flame.  (Sec. 
22)  All  reserve  and  storage  stock  of  such  volatile 
inflammable  fluids  shall  be  kept  as  given  in  section 


333 


5.  4'he  exposed  drawing  of  any  volatile  inflainma- 
})le  dnid  within  dangerous  x>i*oximity  to  exposed 
fiaine  or  lire  is  expressly  x^roliibited. 

§651.  Pumps  for  Drawing  Off.  (Sec.  28) 
Pnini)s  and  other  drawing-otf  a|)pliances  shall  be  as 
given  in  section  7. 

§652.  Ventilation  of  Garages.  (Sec.  24)  All 
garages  shall  have  air  inlets  near  the  top  of  the 
room  each  of  at  least  50  s(iuare  inches  area,  and 
provided  with  screens.  Rooms  containing  volatile 
inflammable  fluid  shall  have  openings  for  ventila- 
tion of  at.  least  30  square  inches,  at  intervals  of  not 
more  than  10  feet  along  all  walls  and  at  floor  level. 
These  oi)enings  shall  connect  by  incombustible  flues 
to  the  outside  air  at  a point  not  closer  than  3 feet 
to  any  window  or  door  oi^ening,  or  10  feet  from  any 
thoroughfare.  They  shall  be  provided  with  2x2- 
mesh  brass-wire  screen  on  the  inside  of  the  wall  and 
unless  laid  with  a downward  slant  direct  to  the  out- 
side air,  shall  conduct  to  and  through  a sparkless 
fan,  to  be  run  during  hours  of  operation  and  which 
shall  be  of  sufficient  size  to  completely  change  the 
air  volume  every  ten  minutes.  Discharge  outlets  of 
vent  pipes  shall  be  provided  with  brass-wire  screens. 
At  least  one  such  opening  shall  be  at  floor  level  near 
pum|).  No  dri})-pans  or  return  drills  to  pumps  will 
be  allowed. 

§653.  Garages  Must  Be  Clean.  (Sec.  25)  All 
garages  must  be  kex3t  clean  and  free  from  litter. 
Grease,  oil  or  x3aint-soaked  rags,  waste  or  other  com- 
bustible materials  of  like  character  shall  be  kept  in 
self-closing  metallic  receptacles  having  metallic  legs 
at  least  3 inches  high  and  securely  braced.  These 
receptacles  shall' be  kept  safely  clear  of  all  combusti- 
ble surroundings  and  their  contents  shall  be  safely 
dis])osed  of  at  least  once  each  day.  Oily  and  greasy 

334 


(‘lo-tliiiig-  sliall  be  eared  for  in  non-eonibiistible  and 
well -vented  closets,  safely  located. 

§654.  Storage  of  Heavy  Fuel  Oils.  (Sec.  26) 
Kerosene,  lubricating  oils  or  heavy  fuel,  oils  witli  a 
dash  point  not  less  than  100  degreees  Fahr.,  may  be 
kept  inside  the  building*,  if  stored  as  given  in  section 
No.  8.  The  style  of  can  and  its  location  must  l)e  ap- 
proved by  the  chief  of  the  fire  department. 

§655.  Fire  Retardants  and  Extinguishers  Re- 
quired. (Sec.  27)  Dry  sand,  ashes  and  other  fire  re- 
tardants, including  liquid  chemical  extinguishers 
using  carbon  tetrachloride  as  a base,  shall  be  pro- 
vided in  such  quantities  and  with  such  pails,  scoops 
and  other  fire  appliances  as  may  be  directed  by  the 
chief  of  the  fire  department.  A reasonable  quantity 
of  loose,  non-combustible  absorbents  shall  be  kept 
convenient  for  use  in  case  of  excessive  oil  waste  or 
overflow. 

§656.  Waste  Oil  Must  Be  Kept  Out  of  Sewer 
and  Drains.  (Sec.  28)  There  shall  be  no  direct 
connection  between  any  garage  waste  basin,  sink, 
floor  drain  or  waste  and  any  house  drainage  or 
sewer  system.  All  such  drains  or  waste  mains  to 
sewer  systems  shall  have  intercepting  grease,  oil  and 
inflammable  liquid  traps  or  separators  which  will 
completely  separate  such  substance  from  water  and 
sewage  and  allow  of  their  safe  and  convenient  re- 
moval. Such  traps  shall  be  ventilated  in  the  same 
way  as  is  required  for  oil  tanks.  Grease,  oil,  etc., 
removed  from  such  traps  or  separators  shall  be  re- 
moved and  disposed  of  to  the  satisfaction  of  the 
chief  of  the  fire  department. 

§657.  Inspection  of  Garages.  Placards  of  Or- 
dinance. (Sec.  29)  It  shall  be  the  duty  of  the  chief 
of  the  fire  department  to  make  or  cause  to  be  made 

335 


iiisi)ecti()iis  at  least  every  three  months  of  all  aiito- 
jHobile  garages  or  stations  within  the  limits  of  the 
(‘ity  of  (\)lorado  Springs,  to  keep  careful  and  com- 
])lete  record  of  such  inspections  and  of  all  matters 
relating  thereto  and  to  enforce  the  regulations  pre- 
scribed herein. 

It  shall  be  the  duty  of  the  owner  or  manager  of 
all  garages  to  maintain  in  at  least  three  conspicu- 
ous places  on  each  floor  of  a garage  a placard  giving 
a copy  of  all  ordinances  affecting  the  handling  of 
volatile  inflammable  liquids  in  garages. 

§658.  Dry  Cleaning  Defined.  (Sec.  30)  ''Dry 
('leaning”  shall  be  known  as  the  art,  act  or  process  of 
cleaning  or  renovating  wearing  or  other  apparel, 
clothes  and  other  fabrics  or  textiles,  or  any  other 
things  with  any  volatile  inflammable  fluid.  ' ' Spong- 
ing” shall  be  the  removal  of  dirt,  grease,  etc.,  by 
local  application  of  volatile  inflammable  fluid  as  ap 
plied  by  tailors  and  others. 

§659.  Sponging  in  Dwellings,  Etc.  Open  Pans 
Forbidden.  (Sec.  31)  Sponging  is  prohibited  in 
shops,  dwellings,  enclosures,  unless  carried  on 
through  the  application  of  such  volatile  inflammable 
fluids  from  an  automatically-closing  safety  can  of 
not  more  than  one  (1)  quart  capacity,  and  the  use 
for  sponging  of  such  fluid  from,  or  in,  open  pans  or 
vesels  shall  be  a misdemeanor. 

§660.  Sponging  in  Room.  Exits.  Ventilation. 
Fire.  (Sec.  32)  Sponging  is  prohibited  in  any  room 
not  provided  with  safe  means  of  exit  direct  to  the 
outside  of  the  building  and  shall  not  be  executed  or 
applied  in  any  room  or  enclosure  containing  any 
open  or  flaming  fire  or  light  nor  within  fifty  feet  of 
any  such  light,  self-heating  iron  or  other  spark  or 
flame-producing  appliance.  During  all  such  appli- 

336 


cation,  and  for  one-lialf  hour  thereafter,  two  direct 
openings  for  ventilation  and  air  circulation  must  be 
provided,  ])referably  on  opposite  sides  of  the  room 
and  near  the  floor  level. 

§661.  Dry  Cleaning.  Permit  For.  (Sec.  33)  No 
dry  cleaning  business  shall  be  installed  or  main- 
tained within  the  city  of  Colorado  Springs  except 
under  permit  of  the  city  council.  Plans  and  specifi- 
. cations,  giving  full  details  as  to  location,  construc- 
tion and  operation  thereof,  must  be  filed  with  the 
city  council  together  with  an  application  to  conduct 
such  business.  If  the  plans  and  specifications  sub- 
mitted comply  with  the  rules  of  this  ordinance,  then 
the  city  council  shall  approve  them  and  issue  the 
necessary  permit. 

§662.  Buildings  for  Dry  Cleaning.  Construc- 
tion. Fire  Extinguishers.  (Sec.  34)  Buildings  used 
for  dry-cleaning  purposes  shall  be  constructed  of 
non-combustible  material  not  more  than  one  story 
or  16  feet  high,  without  a basement  or  other  open 
space  below  the  floor,  shall  not  be  used  for  other 
occupancy  and  shall  be  at  least  ten  feet  from  other 
buildings  or  a public  thoroughfare;  provided,  that 
the  council  may  issue  a permit  for  dry-cleaning  pur- 
poses in  buildings  of  more  than  one  story,  where  the 
cleaning  is  done  in  the  lower  story  thereof,  or  where 
the  building  used  for  dry-cleaning  purposes  is 
closer  than  ten  feet  to  other  buildings  orxa  public 
thoroughfare,  under  such  conditions  and  restrictions 
for  safety  as  it  may  see  fit  to  impose.  All  floors 
shall  be  of  concrete  or  other  non-combustible  mate- 
rial. In  washrooms,  only  the  necessary  appliances 
for  washing,  extracting  and  redistilling  shall  be  per- 
mitted. No  direct  opening  shall  be  permitted  be- 
tween washroom  and  dryrooih.  No  combustible  ma- 
terial shall  be  permitted  in  the  construction  of  dry- 


337 


rooms  or  any  racks  or  other  a])pnrtenaiices.  All 
steam  or  hot-water  pipes  for  drying  purposes  must 
be  protected  l)y  wire  screens  or  otherwise  so  as  to 
prevent  contact  of  pipes  and  inflammable  goods. 
All  rooms,  doors  or  other  openings  within  100  feet 
of  exposed  o])enings  or  combustible  structures  or 
materials  shall  be  provided  with  wired  glass  in  metal 
frames  or  automatic  fireproof  shutters,  doors  or 
covers.  All  doors,  windows,  shutters,  screens, 
grills  and  l)arred  oi)enings  shall  be  arranged  for 
ready  opening  from  either  side  in  case  of  an  emer- 
gency. Inter-communicating  openings  shall  be  pro- 
vided with  standard  automatic-closing  doors  kept 
closed  except  when  passing  through.  All  rooms  shall 
have  a steam-extinguishing  system  satisfactory  to 
the  chief  of  the  fire  department  or  where  such  fire- 
extinguishing agent  is  not  available  an  approved 
system  using  a fire-deterrent  chemical  or  gas.  One- 
hand  chemical  extinguisher,  using  carbon  tetrachlo- 
ride afe  a base,  shall  be  provided  for  each  500  square 
feet  of  floor  area. 

§663.  Building  Regulations.  Precautions. 

(Sec.  35)  At  the  floor  level  in  each  washroom  and 
drying  room  near  each  machine  and  opposite  to  any 
door  or  other  air  inlet,  there  shall  be  placed  vent 
openings  and  flues  of  at  least  20  square  inches  area. 
The  flues  to  be  of  non-combustible  materials,  built 
into  the  wall  or  floor  or  securely  fastened  thereto 
and  free  from  mechanical  injury.  The  floor  open- 
ings shall  be  covered  with  2 x 2-mesh  No.  16  galvan- 
ized wire  web  and  shall  be  kept  clear  of  all  obstruc- 
tions. The  ventilating  flues  shall  conduct  to  and 
through  a sparkless  exhaust  fan,  to  be  run  during 
hours  of  operation  and  which  shall  be  of  sufficient 
size  to  completely  change  the  air  volume  every  five 
minutes.  All  discharge  outlets  of  vent  pipes  shall 
be  provided  with  12x1 2-mesh  wire  screens  and 

338 


located  witliout  hazard  to  suiToimding  property  and 
acceptable  to  the  chief  of  the  fire  department.  Sky- 
lights and  windows  must  he  of  wired  glass  in  metal 
frames  and  provided  with  fusible  link  connecting 
to  an  automatically-closing  device  and  shall  be  cov- 
ered Avith  12x1 2-mesh  brass-wire  screen  to  prevent 
spark  or  other  fire  entrance.  Necessary  precautions 
shall  be  taken  to  prevent  the  clogging  or  in  any  way 
the  stopping  of  air  passage  through  such  wire 
screens. 

§664.  Heating  of  Dry  Cleaning  Establishment. 
No  Fire  or  Sparks.  (Sec.  36)  Heating  shall  be  done 
by  steam  or  hot  water.  No  steam  boiler,  furnace  or 
exposed  fire,  nor  any  electric  dynamo  or  motor,  or 
other  spark-emitting  device,  shall  be  allowed  in  any 
washing,  drying  or  distilling  room,  or  in  line  with 
vapor  travel  therefrom. 

§665.  Direct  Connection  With  Sewers  Forbid- 
den. (Sec.  37)  There  shall  be  no  direct  connection 
between  any  washroom  where  gasoline  is  used  or 
distilling  done  and  house  drainage  or  sewer  system. 
All  drains  or  waste  mains  to  sewer  system  shall  have 
intercepting  grease,  oil  and  inflammable  liquid  traps 
or  separators  which  will  completely  separate  such 
substance  from  water  and  sewage  and  allow  of  their 
safe  and  convenient  removal.  Such  traps  shall  be 
ventilated  in  the  same  way  as  required  for  oil  tanks. 
Such  traps  shall  at  all  times  be  maintained  so  that 
no  gasoline  can  escape  into  any  house  or  sewer  sys- 
tem and  in  a manner  satisfactory  to  the  chief  of  the 
fire  department. 

§666.  Dry  Cleaning  Machine  and  Tanks.  Reg- 
ulation. (Sec.  38)  All  dry-cleaning  washings,  ex- 
tracting and  redistilling  shall  be  carried  on  in  closed 
machines,  which  shall  be  fluid  tight.  Washers  shall 
have  hinged  door  and  shall  be  arranged  so  that  in 

339 


(*ase  of  an  explosion  the  door  will  automatically 
close.  The  transfer  of  all  fluids  shall  be  through 
continuous  i)iping,  and  all  outlet  or  drain  lines  shall 
be  drained  l)y  gravity  to  settling  or  storage  tanks. 
No  dry-cleaning  fluids  shall  be  settled  in  any  open 
or  unprotected  vessels  or  tanks.  All  piping  and  all 
metallic  parts  of  each  machine  shall  be  properly 
grounded  by  at  least  No.  10  copper  insulated  wire  to 
a water  pipe  or  other  grounded  devices. 

§667.  Reserve  Stock  of  Fluid.  (Sec.  39)  All 
reserve  and  storage  stocks  of  such  fluids  shall  be 
kept  and  handled  as  given  in  sections  5 and  7. 

§668.  Washing  Fluid  Removed.  (Sec.  40)  All 
washings  removed  from  washer  to  extractors  must 
be  kept  in  tight  metal  pans,  with  under  side  of  bot- 
tom covered  with  wood,  and  no  goods  or  washed 
stocks  shall  be  taken  from  washroom  till  washing  ^ 
fluid  has  been  removed  by  the  extractor  and  all  dried 
goods  shall  be  removed  from  extractors  at  close  of 
operation. 

§669.  Settling  Tanks.  Location  Marked.  (Sec. 

41)  Settling  tanks  shall  be  constructed,  located  and 
vented  essentially  as  given  in  section  5 for  the  stor- 
age tanks.  At  the  close  of  the  day’s  operations,  all 
liquid  contained  in  washers,  extractors  or  stills,  or 
otherwise,  shall  be  returned  to  the  stock  or  settling 
tanks.  The  location  of  all  tanks  buried  or  other- 
wise, and  other  contents,  and  hazards,  shall  be 
plainly  marked  by  signs  as  approved  by  the  chief 
of  the  fire  department. 

§670.  Filling  Tanks.  Empty  Barrels.  (Sec. 

42)  Tanks  shall  not  be  filled  or  supplied  in  the  pres- 
ence of  fire,  exposed  lights  or  sparks,  and  no  empty 
inflammable  volatile  fluid  barrels  shall  be  kept  in 
the  ])uilding  longer  than  one  business  day. 


340 


§671.  Inspection  and  Approval.  (Sec.  43)  None 
of  this  installation  shall  be  covered  from  sight  until 
after  an  inspection  by  the  chief  of  the  fire  depart- 
ment and  liis  written  approval  has  been  given,  which 
approval  he  shall  give  without  charge,  provided  all 
the  requirements  of  this  ordinance  have  been  ob- 
served. 

§672.  Matches  and  Smoking  Prohibited.  (Sec. 
44)  In  garages,  dry-cleaning  establishments  and  all 
other  rooms  or  parts  of  buildings  containing  volatile 
inflammable  fluids,  the  carrying  of  matches  is  pro- 
hibited, and  smoking  shall  be  a misdemeanor.  [Ord. 
No.  860,  passed  Dec.  27,  1911.] 

§673.  Council  Authorized  to  Grant  and  Revoke 
Permits.  (Sec.  44a)  The  council  may  upon  applica- 
tion therefor  grant  a permit,  for  any  of  the  purposes 
for  which  a permit  is  required  by  this  ordinance^  to 
any  person,  firm  or  corporation,  without  regard  to 
any  of  the  provisions  or  regulations  of  this  ordi- 
nance, whenever  in  the  opinion  of  the  council  such 
permit  may  be  safely  granted;  and  the  council  may, 
in  granting  such  permit,  impose  such  conditions 
upon  the  applicant  for  safeguarding  against  fire 
risks  as  the  council  shall  deem  necessary  under  all 
the  circumstances  and  conditions  of  the  case.  And 
the  council  may  revoke  any  permit  granted  under 
this  section,  or  under  any  of  the  provisions  of  this 
ordinance  whenever  it  shall  become  satisfied  that  the 
holder  of  such  permit  is  not  complying  with  any  of 
the  provisions  of  this  ordinance,  or  with  the  terms 
and  conditions  imposed  by  the  council  at  the  time 
of  granting  such  permit.  [Ord.  No.  862,  passed  Jan. 
17,  1912.] 

§674.  Exposed  Lights  Prohibited.  (Sec.  45) 
No  exposed  lights  shall  be  allowed  in  any  garage, 
dry-cleaning  establishment,  or  any  other  room  or' 

341 


j)art  of  building*  containing  volatile  infiammable 
linid,  or  in  line  of  vapor  travel  from  same.  Lighting 
shall  be  by  electric  incandescent  lamps,  with  key- 
less sockets  provided  with  vapor-proof  globes, 
switches  shall  be  placed  beyond  the  presence  of  ig- . 
nitable  vapors  and  the  whole  electrical  equipment 
shall  be  installed  according  to  the  requirements  of 
the  electrical  wiring  ordinance  of  the  city  of  Colo- 
rado Springs. 

§675.  Fees.  (Sec.  46)  The  following  inspection 
fee  shall  be  charged  by  the  chief  of  the  fire  depart- 
ment for  each  installation: 

Lor  the  first  100  gallons  or  part  thereof,  $1. 

For  each  additional  100  gallons  or  part  thereof, 
25  cents. 

§676.  Penalties.  (Sec.  47)  Any  and  all  persons 
who  shall  violate  any  of  the  provisions  of  this  ordi- 
nance or  fail  to  comply  therewith,  or  who  shall  vio- 
late or  fail  to  comply  with  any  order  or  regulation 
made  thereunder,  or  who  shall  build  in  violation  of 
any  detailed  statement  of  specifications  or  plans, 
submitted  and  approved  thereunder,  or  any  certifi- 
cate or  permit  issued  thereunder,  shall  severally  for 
each  and  every  such  violation  and  non-compliance, 
respectively,  be  fined  not  less  than  five  dollars  nor 
more  than  one  hundred  dollars.  The  imposition  of 
one  penalty  for  any  violation  of  this  ordinance  shall 
not  excuse  the  violation  or  permit  it  to  continue,  and  ' 
all  such  persons  shall  be  required  to  correct  or  rem- 
edy such  violations  or  defects  within  a reasonable 
time.  [Ord.  No.  860,  passed  Dec.  27,  1911,  as  amend- 
ed by  Ord.  No.  862,  passed  Jan.  17,  1912.] 


342 


ARTICLE  9. 


RECin.ATINC;  TllK  HANDLING  AND  STORAGE 
OE  GLNIN)WDER  AND  OTHER 
ENPLOSI\^ES. 

§677.  Explosive  Materials.  Quantity  Limited. 
Regulations.  Penalty.  (Sec.  1)  No  person  or  cor- 
poration shall  keep  at  his  or  its  place  of  l)nsiness  or 
elsewhere  within  the  corporate  limits  of  the  city 
of  Colorado  Springs;  any  gunpowder,  guncotton,  vit- 
riol, dynamite,  blasting-pow^der,  nitro-glyceriue  or 
giant  powder,  or  other  high  explosive  material  or 
fire-producing  chemicals,  in  greater  quantity  than 
fifty  (50)  pounds  at  one  time,  and  the  same  shall  be 
kept  in  tin,  copper  or  metal  canisters  or  cases  or 
glass  jars;  contents  of  each  canister  or  jar  not  to 
exceed  six  and  one-fourth  (614)  pounds,  and  in  a 
situation  remote  from  fires,  lighted  lamps  and  can- 
dles, and  from  which  place  they  may  he  easily  re- 
moved in  case  of  fire;  and  no  one  shall  sell  or  weigh 
any  of  the  above  mentioned  explosive  materials  after 
the  lighting  of  gas  or  lamps  in  the  evening,  unless 
such  articles  are  sold  in  sealed  canisters  or  cases, 
and  no  person  shall  he  allowed  to  keep  nitro-glycer- 
ine  or  any  other  high  explosive  in  any  part  of  said 
city. 

A violation  of  any  of  the  provisions  of  this  sec- 
tion shall  subject  the  offender  to  a fine  of  not  less 
than  five  dollars  ($5)  nor  more  than  one  hundred 
dollars  ($100)  for  each  offense. 

§678.  Magazine.  Storage.  Prohibited.  Penalty. 

(Sec.  2)  It  shall  be  unlawful  to  erect,  keep  or  main- 
tain any  powder  magazine  or  place  for  storing  or 
keeping  gunpowder,  or  any  of  the  explosive  material 
mentioned  in  section  1 of  this  ordinance,  within 

343 


tJie  corporate  limits  of  the  city  of  Colorado  Springs, 
or  within  one  (1)  mile  of  the  corporate  limits  of  the 
city  of  Colorado  Springs.  Any  person,  persons  or 
corporation  gnilty  of  violation  of  this  section  shall, 
on  conviction,  be  fined  one  hundred  dollars  ($100).  ' 

§679.  Conveyance  of  Explosives  in  City.  Reg- 
ulations. (Sec.  3)  It  shall  be  unlawful  for  any  per- 
son or  persons  or  corporation  to  carry  or  convey  any 
gnn]:>owder,  or  any  of  the  explosive  materials  men- 
tioned in  section  one  of  this  ordinance,  exceeding- 
fifty  (50)  ])ounds  in  quantity,  through  any  street, 
alley,  highway  or  road  in  the  city  of  Colorado 
Springs  in  any  cart,  carriage,  wagon,  dray  or  wheel- 
barrow, or  otherwise,  unless  the  said  gunpowder  or 
explosive  material  be  secured  in  tight  cases,  or  kegs 
well  headed  and  hooped,  and  i)ut  into  and  entirely 
covered  with  a good,  tight  and  substantial  leather 
l)ag  sufficient  to  prevent  the  same  from  being  spilled 
or  scattered,  or  unless  the  same  is  put  into  a well 
covered  and  perfectly  water-tight  box,  the  bottom 
and  sides  of  which  shall  be  completely  covered  with 
zinc,  or  unless  such  gunpowder  and  other  explosive 
materials  be  secured  in  water-tight  patent  metalic 
cases  or  kegs. 

§680.  Consignments  Received,  Must  Be  Sent 
Beyond  City  Limits.  (Sec.  4)  All  gunpowder  and 
other  explosive  materials  mentioned  in  section  one 
of  this  ordinance  coming  within  the  city  limits  of 
the  city  of  Colorado  Springs  in  greater  quantities 
than  fifty  (50)  pounds  shall,  within  twelve  (12) 
hours  after  its  arrival,  be  transported  and  conveyed 
beyond  the  city  limits. 

§681.  Shipments  Must  Be  Removed  Within  12 
Hours.  (Sec.  5)  No  gunpowder  or  guncotton  or 
other  ex])losive  material  mentioned  in  the  first  sec- 


344 


tioii  of  this  ordinance,  slii})ped  to  or  from  the  city  of 
(\)lorado  Springs,  sliall  be  permitted  or  suffered  to 
he  or  remain  on  any  street,  alley,  highway,  railroad 
track  or  car,  or  other  place  within  said  city,  in  a 
greater  quantity  than  fifty  (50)  pounds,  except  as 
herein  otherwise  provided,  for  a longer  })eriod  than 
a reasonable  time  to  load  or  unload  the  same,  which 
time,  however,  shall  not  exceed  twelve  (12)  hours. 

§682.  Drays,  Etc.,  Loaded  With  Explosives  Must 
Not  Stand  on  Streets.  (Sec.  6)  No  wagon,  dray,  cart 
or  other  vehicle  loaded  in  whole  or  in  part  with  gun- 
])owder,  or  any  of  the  explosive  materials  mentioned 
in  section  1 of  this  ordinance,  shall  be  permitted  to 
stand  or  remain  on  any  street,  alley,  highway  or 
place  in  the  city  of  Coolrado  Springs  exce])t  when 
unavoidably  detained. 

§683.  Seizure  and  Removal.  Duty  of  Police. 

(Sec.  7)  All  gunpowder  or  other  explosive  material 
mentioned  in  section  1 of  this  ordinance,  which  shall 
be  found  in  any  store,  storehouse,  manufactory  or 
other  building,  or  which  may  be  found  in  any  cart, 
wagon,  railroad  car  or  other  vehicle,  in  violation  of 
any  provision  of  this  ordinance,  shall  be  immediately 
seized  and  removed  to  some  secure  ])lace;  and  it  is 
hereby  made  the  duty  of  the  members  of  the  police 
force  of  the  city  of  Colorado  Springs,  to  assist  in  said 
seizure  and  removal  when  called  u])on  so  to  do. 

§684.  Manufacture  Prohibited.  (Sec.  8)  It 
shall  not  be  lawful  for  any  person  or  persons  or  cor- 
])oration  or  corporations  to  manufacture  within  the 
limits  of  the  city  of  Colorado  Springs  any  ex]jlosive 
material  or  compound  to  be  used  for  any  ])urpose, 
the  manufacturing  and  handling  of  which  would  be 
dangerous  to  life  and  property. 

§685.  Concealed  Explosives.  Search.  Ob- 

345 


structing-  Officer.  Penalty.  (See.  9)  It  siiall  be  law- 
Fiil  tor  file  inayoi-,  oi*  any  member  of  the  eity  council, 
or  any  member  of  the  eity  poliee  foree,  when  such 
person  lias  ('anse  to  suspect  that  any  of  the  aforesaid 
mentioned  ex])losive  materials  is  or*  are  concealed  or 
ke])t  within  the  city  limits  in  violation  of  the  pro- 
visions of  this  ordinance,  to  search  any  })lace  in  said 
eity  fo]*  the  purpose  of  ascertaining  whether  any 
/sneh  ex])losive  material  is  kept  or  concealed  as  afore- 
said. Any  person  who  shall  obstruct  or  hinder  any 
sneh  pei’son  or  official  in  making  search  in  the  execu- 
tion of  his  duty  under  this  ordinance,  shall,  on  con- 
viction, be  fined  in  a sum  not  less  than  ten  nor  more 
than  one  hundred  dollars. 

§686.  Violations.  Penalties.  (Sec.  10)  Any  per- 
son or  persons,  corporation  or  corporations,  violat- 
ing any  of  the  provisions  of  any  of  the  sections  of 
this  ordinance  where  a penalty  is  not  heretofore 
sj^ecihcally  provided,  shall,  upon  convivtion,  be  fined 
not  less  than  twenty-five  dollars  ($25)  and  not  ex- 
ceeding one  hundred  dollars  ($100)  for  each  and 
every  offense;  and  each  and  every  day  that  gun- 
powder or  any  such  explosive  materials  shall  be  kept 
in  any  jhace  contrary  to  any  provisions  of  this  or- 
dinance shall  constitute  a separate  violation  there- 
of. fOrd.  Xo.  558,  ])assed  vSept.  d,  1900.] 


ARTICLE  10. 

OF  TIIF  (dTV  ELECTRICIAN,  AND  REGFLA- 
dTONS  G05T.RNING  ELECTRICAL  APPA- 
RAdT^S  AND  ELECTRICAL  WIRING. 

§687.  Office  Created.  Appointment.  Salary. 

(Hec.  1)  There  is  hereby  created  the  position  of  city 

346 


electrician  of  tlie  city  of  Colorado  Springs.  d1ie 
city  electrician  shall  not  be  appointed  for  any 
definite  term  but  shall  ahvays  be  subject  to  removal 
by  the  mayor  or  the  council  as  provided  in  the 
charter.  lie  shall  be  appointed  by  the  mayor  upon 
the  recommendation  of  the  commissioner  of  public 
safety,  and  said  city  electrician  is  hereby  assigned 
to  the  department  of  public  safety.  He  shall  give 
bond  to  the  city  in  the  sum  of  one  thousand  dollars. 
He  shall  receive  a salary  of  one  hundred  dollars  per 
month  until  December  31,  1911,  and  thereafter  one 
hundred  and  twenty-five  dollars  per  month,  payable 
semi-monthly. 

§688.  Duties  of  City  Electrician.  (Sec.  2)  The 
city  electrician  shall  have  power  to  condemn  the 
electric  wiring,  fixtures,  electrical  apparatus,  or  ap- 
pliances in,  or  on,  any  building  within  the  corporate 
limits  of  the  city  of  Colorado  Springs,  and  cause  the 
same  to  be  repaired,  replaced  or  disconnected  when 
it  shall  become  defective  by  reason  of  improper  or 
insufficient  insulation,  or  for  any  other  cause  become 
dangerous  to  life  or  property. 

All  disputes  which  may  arise  between  the 
owner,  or  party  charged  with  making  of  repairs  on 
any  condemned  property  and  the  city  electrician 
which  can  not  be  settled  by  them,  shall  be  settled  by 
a board  of  arbitration  consisting  of  three  persons, 
one  appointed  by  the  commissioner  of  public  safety, 
one  by  the  owner  of  the  property  or  his  legal  repre- 
sentative, and  the  third  person  to  be  chosen  by  the 
two  persons  appointed  as  above  provided;  provided, 
that  in  the  event  the  owner  of  the  property,  or  his 
representative  fails  or  refuses  to  appoint  a person 
to  represent  him  on  said  board  of  arbitration  within 
ten  days  after  notice  to  appoint  such  person,  a per- 
son to  represent  him  shall  be  appointed  by  the 

347 


mayor,  and  tlie  person  so  appointed  by  the 
mayor  shall  join  with  the  person  appointed  by  the 
commissioner  of  public  safety  in  choosing  the  third 
member  of  said  board.  Said  board  when  appointed 
shall  inquire  into  the  facts  and  make  a finding  in 
writing,  and  file  the  same  with  the  city  electrician 
and  said  award  and  finding  so  made  by  a majority 
of  said  board  shall  be  final  and  binding  on  the  city 
and  the  person  owning  the  property  and  his  agents 
and  representatives. 

The  city  electrician  shall  be  deemed  the  judge 
of  what  constitutes  the  proper  installation,  and  safe 
insulation  of  electrical  conductors,  apparatus  and 
appliances  in  or  on  any  building. 

The  city  electrician  shall  decide  all  questions 
not  provided  for  in  this  ordinance,  pertaining  to  the 
installation  of  electric  wires  and  apparatus;  and  he 
shall  make  such  rules  and  regulations  as-  may  be 
necessary  to  carry  out  and  render  effective  all  the 
reciuirements  of  this  ordinance,  and  such  rules  and 
regulations  so  made  by  him  shall,  when  approved 
by  the  council,  be  observed  to  the  same  extent  as  if 
fully  set  out  in  this  ordinance,  and  any  person  who 
shall  violate  said  rules  and  regulations  so  made  by 
him  and  approved  by  the  council,  shall,  on  convic- 
tion, be  punished  by  a fine  of  not  less  than  five  nor 
more  than  two  hundred  dollars. 

The  city  electrician  shall  have  charge  of  the 
inaintenance  and  repairing  of  fire  and  police  alarm 
systems. 

§689.  Permit.  Application  Fees.  (Sec.  3)  All 
companies,  firms,  corporations  or  individuals,  who 
desire  to  have  electric  wiring,  electric  fixtures,  ap- 
])aratus  or  appliances,  installed  in  or  on  any  building 
(exce])t  central  ]:>ower  stations  and  sub-stations  be- 
longing to  electric  light  or  street  railway  companies 
operating  under  a franchise  granted  by  the  city  of 

348 


Colorado  S[)riiigs),  shall  first  procure  a permit  from 
the  city  electrician,  provided,  that: 

Public  telephone,  telegraph  or  messenger-call 
companies  operating  under  a regular  franchise 
granted  hy  the  city  of  Colorado  Springs  may  install 
or  repair,  in  or  on,  any  building  the  wiring  or  ap- 
pliances pertaining  solely  to  telephone,  telegraph  or 
messenger-call  services  without  securing  the  permits 
required  in  this  section,  and  provided  further  that 
before  any  person,  firm,  or  corporation  shall  begin 
any  construction  or  the  addition  to  any  old  con- 
struction on  any  building,  such  company  shall  first 
notify  the  city  electrician  and  secure  his  approval 
therefor. 

The  city  electrician  is  herein  given  the  author- 
ity to  refuse  to  issue  a permit  for  any  additions  or 
any  extensions  to  any  wiring  system  in  or  on  any 
building  where,  in  his  judgment,  the  wiring  is  in  an 
unsafe  condition. 

In  order  to  secure  a permit  for  the  installation 
of  electric  wiring,  all  companies,  firms,  corporations 
or  individuals  except  those  last  above  mentioned, 
shall,  before  having  any  electrical  work  commenced, 
or  any  additions  made  to  old  wiring,  make  a written 
application  to  the  city  electrician  on  blanks  supplied 
for  that  purpose  by  the  said  city,  and  shall  pay  the 
said  city  electrician  the  amount  as  required  by  the 
following  schedules: 

Fees  for  permits: 

(a)  New  Work.  For  one  outlet  to  three  outlets 
the  sum  of  fifty  cents.  For  each  additional  outlet  in 
excess  of  three,  ten  cents. 

(b)  For  Addition  to  Old  Work.  For  one  out- 
let to  three  outlets  the  sum  of  fifty  cents.  For  each 
additional  outlet  in  excess  of  three,  ten  cents. 

34'9 


((')  For  Areliglits.  For  oue  arelight,  the  sum  of 
fifty  (*eiits.  For  each  additional  arclight,  twenty- 
five  cents. 

(d)  Flectric  Signs  and  Outlining  on  Exterior 
of  Building.  For  electric  signs  and  outlining  a rate 
of  one  dollar  shall  be  charged  where  the  total  num- 
ber of  lights  is  not  less  than  three  or  more  than  one 
hundred,  and  one  dollar  per  hundred  for  each  ad- 
ditional hundred  or  ])art  thereof.  Window  reflectors 
shall  be  classed  as  outlining  and  not  as  fixtures  in 
])rocuring  permits. 

(e)  Motors  and  Generators.  For  installing 
motors  and  generators  the  sum  of  one  dollar  shall  be 
charged  for  each  motor  or  generator  of  one-half 
horse  capacity  and  over.  Motors  or  generators 
smaller  than  one-half  horse  capacity  fifty  cents  each. 
Rectifiers  shall  be  classed  as.  motors  of  one-half 
horse  power. 

(f)  Ceiling  Fans.  For  one  ceiling  fan  the  sum 
of  fifty  cents.  For  each  additional  fan  twenty-five 
cents. 

(g)  For  inspecting  apparatus  for  which  no  fee 
is  herein  prescribed,  the  city  electrician  shall  charge 
two  dollars  for  the  first  hour  or  part  thereof,  and 
one  dollar  for  each  additional  hour  or  part  thereof. 

(h)  For  a permit  to  cover  any  and  all  repairing- 
done  by  an  electrician  holding  an  electric  license 
known  as  ^‘Electric  License’^  in  any  building  ox 
single  id  ant  that  may  be  under  one  ownership  or 
management,  or  on  such  plant  or  boundaries  as  are 
definitely  specified  in  each  permit,  an  annual  fee  of 
ten  dollars  shall  be  charged.  A monthly  inspection 
shall  be  made  and  the  city  electrician  shall  sign  the 
original  permit  after  each  inspection,  provided  the 
work  is  in  accordance  wdth  the  rules  specified  in 
this  ordinance. 


350 


(i)  Temporary  Decorative  For  the 

first  100  lamps  or  part  tliereof,  the  sum  of  one  dollar 
($1);  for  each  additional  100  lamps  or  part  thereof, 
fifty  cents.  For  the  first  arclamp,  the  sum  of  twenty- 
five  cents;  for  each  additional  arclamp,  ten  cents. 

(j)  Time  Switches  and  Sign-Flashers.  The  sum 
of  fifty  cents  will  be  charged  for  each  time  switch  or 
sign-fia  slier. 

(k)  Fixtures.  For  installing,  changing  or  re- 
pairing fixtures  the  sum  of  twenty-five  cents  will  be 
charged  for  the  first  three  fixtures  or  part  thereof. 
Each  additional  fixture,  five  cents.  Three  cord 
drops  and  all  other  incandescent  outlets  of  one  light 
each  (except  one-light  fixtures)  or  part  thereof,  will 
be  classed  as  one  fixture  in  procuring  permits. 

(l)  Where  repairs  or  additions  are  made  to 
wiring  without  additional  outlets  being  added,  the 
sum  of  fifty  cents  will  be  charged.  The  above  will 
include  the  installing  or  changing  of  meter  loops, 
switch  loops,  service  switches 'and  cutout  and  branch 
cutouts. 

(m)  Nernst  Lamps.  Shall  be  classed  as  arc- 
lamps  in  procuring  permits. 

§690.  Collect  Fees.  Pay  to  Treasurer.  Keep 
Records.  (Sec.  4)  The  city  electrician  shall  collect 
and  receipt  for  all  fees  due  the  city  for  work  and 
supplies  in  his  department  and  pay  to  the  city  treas- 
urer all  moneys  received  by  him  on  or  before  the 
last  day  of  each  and  every  month.  He  shall  keep 
such  record  books,  books  of  account,  receipt  books, 
and  make  and  file  such  statements  as  may  be  re- 
quired by  the  commissioner  of  finance  or  may  be 
provided  by  ordinance.  The  city  shall  furnish  all 
necessary  books,  appliances  and  supplies  that  may 
be  proper  for  the  efficient  maintenance  of  said  de- 

351 


partment,  wliieli  said  supplies  shall  be  furnished  on 
recpiisitioii  as  are  the  sup])lies  in  other  departments 
of  the  city. 

§691.  Architects,  Builders  and  Contractors.. 
Plans.  (Hec.  5)  Architects,  builders  and  contractors 
are  I'ecpiired  when  drawing  plans  and  specifications 
to  make  provisions  for  channeling  and  pocketing  of 
buildings  for  electric  light  and  power  wires,  and 
also  for  telephone,  district  messenger  and  other  sig- 
naling system  wiring,  and  shall  state  definitely  in 
such  specifications  and  mark  on  such  plans,  the  lo- 
cation of  all  switches  (except  main  line  switch  and 
outlet),  and  state  the  maximum  number  of  lamps  at 
ea(‘h  outlet. 

-Architects,  builders  and  contractors  shall  fur-  < 
nish  such  plans  and  specifications  of  proposed  work 
as  may  be  deemed  necessary  by  the  city  electrician 
before  any  permit  for  the  same  shall  be  issued.  All 
plans  and  specifications  shall  conform  with  the  rules 
of  this  ordinance,  and  the  rules  and  regulations  made 
by  the  city  electrician  as  herein  provided.  All  plans 
for  electric  signs  shall  be  submitted  to  the  city 
electrician  before  a permit  will  be  issued  for  the 
same. 

§692.  Label  Showing  Wiring  is  Approved.  (Sec. 

6)  On  inspecting  the  electrical  wiring  of  any  build- 
ing, the  city  electrician  shall  leave  a notice  in  the 
form  of  a tag  or  label  attached  to  the  service  switch 
0]-  service  outlet.  The  notice  shall  clearly  state 
that  the  work  has  been  passed  upon  by  the  electrical 
inspection  department,  and  no  workman  shall  lath, 
seal,  or  in  any  manner  conceal  any  electrical  wiring 
until  the  above  notice  has  been  attached  to  service 
switch  or  service  outlet. 

§693.  Electric  Wiring  After  Other  Work  in 

352 


Place.  (Hec*.  7)  All  steam  fitting,  gas  fitting’,  fur- 
nace work,  plumbing  and  telephone  wires  to  be  con- 
cealed, must  be  in  place  before  the  electric  wiring 
is  coni})leted,  and  no  wiring  shall  be  considered  as 
complete  until  the  above  work  referred  to  is  in  place. 

§694.  Inspection.  Certificate  of  Inspection, 
Issuing.  Refusal.  (Sec.  8)  Upon  the  completion  of 
the  wiring  in  or  on  any  building,  it  shall  be  the  duty 
of  the  firm,  corporation  or  individual  doing  the  same 
to  notify  the  city  electrician  in  writing  on  blanks 
furnished  for  that  purpose  by  the  city.  The  city 
electrician  shall  make  an  inspection  of  the  work 
within  twenty-four  hours  after  receiving  such  noti- 
fication and  if  approved  by  him  shall  issue  a certifi- 
cate of  satisfactory  inspection;  nor  shall  current  be 
turned  on  such  installation  until  the  said  certificate 
be  issued;  nor  shall  any  damage,  alteration  or  addi- 
tions be  made  in  the  wiring  of  any  building  after 
inspection,  without  first  notifying  the  city  electri- 
cian and  securing  a permit  therefor. 

Whenever  a permit  is  issued  for  an  addition  to 
old  work  which  does  not  conform  with  the  rules 
and  requirements  as  laid  down  in  this  ordinance, 
the  city  electrician  shall  issue  a statement  that  the 
new  work  complies  with  the  rules,  but  that  a certifi- 
cate cannot  be  issued  owing  to  its  connection  with 
the  old  work,  which  does  not  comply  with  the  rules. 

§695.  Annual  License.  Bond.  (Sec.  9)  That 
all  companies,  firms,  corporations  or  individuals 
(except  public  telephone,  telegraph  and  messenger 
call  companies  operating  under  the  regular  franchise 
granted  by  the  city  of  Colorado  Springs)  engaged 
in  the  business  of  installing  electric  light  or  power 
wires,  inside  of  any  building  within  the  corporate 
limits  of  the  city  of  Colorado  Springs  (except  central 
power  stations  and  sub-stations,  belonging  to  the 

353 


electric  or  street  railway  companies,  operating 
under  a franchise  granted  by  the  city  of  Colorado 
Springs)  for  the  purpose  of  transmitting  electrical 
energy  for  electric  light,  heat  or  power,  or  installing 
' electrical  apparatus  of  any  nature,  kind  or  descrip- 
tion, shall  first  procure  from  the  city  clerk,  upon 
the  recommendation  of  the  city  electrician,  a grant 
for  a license  of  such  class  as  pertains  to,  and  regu- 
lates such  installation,  or  grade  of  electrical  work 
thereof;  provided,  that  before  such  a recommenda- 
tion shall  be  given  by  the  city  electrician  the  com- 
})any,  firm,  corporation  or  individual  applying  for 
said  license  shall  pass  a satisfactory  examination 
before  the  city  electrician;  provided  further,  that 
before  such  license  shall  be  granted  said  company, 
firm,  cor])ora,tion  or  individual,  there  shall  be  de- 
posited with  the  city  clerk,  the  amount  hereinafter 
stated  as  payment  for  the  particular  class  of  license 
required;  and  provided,  further,  that  before  such 
license  shall  be  issued  in  case  where  a bond  is  re- 
quired, the  said  company,  firm,  corporation  or  indi- 
vidual to  whom  the  license  may  be  issued,  shall  give 
bond  to  the  city  of  Colorado  Springs,  in  the  sum  or 
amount  hereinafter  provided  and  required  for  the 
said  grade  of  license,  conditioned  that  they  shall  in 
good  faith  perform  all  things  required  of  them  under 
the  provisions  of  this  ordinance. 

Licenses  of  two  different  grades  shall  be  issued 
under  the  head  of  ^‘Electric  Wiring  License. 

Contractors^  license,  known  as  Grade  A.’’ 

Electricians^  license,  known  as  ‘‘Grade 

§696.  “Grade  A“  License.  (Sec.  10)  License 
known  as  “Grade  shall  grant  the  holder  thereof 
the  right  and  privilege  to  contract  for  the  installa- 
tion of  or  to  himself  install  (provided  he  has  him- 

354 


self  passed  the  required  examination  before  the  city 
electrician)  electrical  wires  for  the  transmission  of 
electric  energy  for  the  purpose  of  electric  light,  heat, 
and  })ower,  or  any  electrical  apparatus  of  whatso- 
ever nature. 

The  annual  fee  for  electric  license,  ‘‘Grade  A,” 
shall  be  $50  and  the  bond  for  the  said  license  shall 
be  for  the  sum  of  $1,000,  said  fee  to  be  paid  and 
bond  executed  as  provided  in  section  9 of  this  ordi- 
nance. 

§697.  “Grade  B“  License.  (Sec.  11)  The  elec- 
trical license  known  as  “Grade  B”  shall  grant  the 
holder  theerof  the  privilege  to  make  repairs  and  to 
care  for  while  in  operation  any  electric  light  plant, 
dynamos  of  any  capacity  and  the  plant  of  wiring, 
lamps  and  motors  connected  thereto  (except  central 
power  stations  and  sub-stations  belonging  to  the 
electric  light  or  street  railway  companies  operating 
under  a franchise  granted  by  the  city  of  Colorado 
Springs);  provided  that  the  holder  of  said  license 
has  himself  or  has  in  his  employ,  a person  who  has 
passed  the  required  examination  before  the  city  elec- 
trician ; and  provided  further,  that  this  license  shall 
grant  the  holder  thereof,  the  right  to  make  additions 
to  wiring  already  installed,  or  to  wire  for  new  out- 
lets, or  to  re-wire  the  building  for  electric  light  wir- 
ing; provided,  that  all  work  done  by  the  holder  of 
‘ ‘ Grade  B ’ ^ license  shall  conform  in  every  particular 
to  the  provisions  of  this  ordinance  relating  to  such 
work;  and  provided,  the  said  right  and  privilege 
shall  be  confiend  to  such  buildings  and  single  plant 
as  may  be  under  one  management  or  ownership,  or 
such  plant  or  boundaries  as  are  definitely  specified 
in  each  license  as  issued  under  this  class;  provided, 
the  annual  fee  for  said  license  shall  be  for  the  sum 
of  $5  and  the  bond  for  said  license  shall  be  for  $500, 


355 


and  said  fee  to  be  paid  and  bond  executed  as 
provided  l)v  section  9 of  this  ordinance. 

§698.  Overhead  Wires.  (Sec.  12)  The  city  elec- 
trician may  designate  in  said  city,  the  distance  be- 
tween the  location  of  the  overhead  wires,  cables  or 
(‘onductors  of  any  firm,  company,  corporation  or  in- 
dividual, and  may  regulate  the  direction  in  which 
said  wires,  cables  or  conductors  shall  be  run  for  any 
purpose,  from  a fixture  upon  any  building,  or  the 
l)oint  of  entering  any  building  for  service;  and  any 
company,  firm,  corporation  or  individual  owning, 
operating  or  maintaining  any  wires,  cables  or  con- 
ductors, on  any  building  in  said  city,  shall  keep  and 
maintain  any  construction  placed  upon  any  build- 
ing for  the  support  of  any  wire,  cable  or  conductor 
in  a condition  satisfactory  to  the  city  electrician. 

§699.  Term  of  License.  (Sec.  13)  All  licenses 
shall  be  granted  for  the  term  of  one  year. 

§700.  When  Light  Companies  Shall  Disconnect 
and  Not  Connect.  (Sec.  14)  All  companies,  firms, 
corporations  and  individuals  supplying  or  generat- 
ing electrical  energy,  whether  operating  under  a 
regular  franchise  granted  by  the  city  of  Colorado 
Springs  or  not,  shall  upon  a written  request  by  the 
city  electrician,  disconnect  from  any  circuit  or  serv- 
ice, and  shall  not  re-connect  said  service  or  circuit 
except  upon  written  notice  from  the  city  electrician; 
provided,  however,  such  requests  to  disconnect  shall 
only  be  made  with  reference  to  buildings  in  or  on 
which  the  electric  wiring,  fixtures,  electrical  ap- 
paratus or  appliances  shall  have  been  condemned  in 
the  manner  provided  in  section  2 hereof. 

§701.  Right  to  Enter  Premises.  (Sec.  15)  The 
city  electrician  shall  have  the  right  to  enter  upon 
any  premises  at  all  reasonable  hours,  for  the  purpose 
of  inspecting  the  same. 


356 


§702.  Conduit-Armored  Cable  Metal  Moulding 
in  Fire  Limits.  Conduit-Armored  Cable  Metal 
Moulding  Outside  Fire  Limits.  (Sec.  16)  All  new. 
electric  wiring  or  additions  to  old  electrical  wiring 
installed  in  any  building  within  the  fire  limits  of  the 
city  of  Colorado  Springs  shall  be  installed  in  either 
approved  rigid  or  flexible  steel  conduit,  armored 
cable  or  metal  moulding. 

All  new  electric  -wiring  or  additions  to  old  elec- 
tric wiring  installed  in  any  building  outside  of  the 
fire  limits  of  the  city  of  Colorado  Springs  to  be  used 
for  hospitals,  public  buildings,  churches,  theaters, 
lodge  rooms,  public  or  private  school  houses  shall 
be  installed  in  either  approved  rigid  or  flexible  steel 
conduit,  armored  cable  or  metal  moulding. 

§703.  Character  of  Material  and  Fittings.  (Sec. 
17)  No  material  or  fittings  shall  be  approved  by- the 
city  electrician  except  such  as  are  of  standard  qual- 
ity and  equal  in  every  respect  to  the  material  and 
fittings  approved  by  the  Underwriters  laboratories. 

§704.  Damages.  The  City  Does  Not  Assume. 

(Sec.  18)  This  ordinance  shall  not  be  construed  to 
relieve  from  or  lessen  the  responsibility  of  any  per- 
son or  persons,  copartnership  or  corporation,  own- 
ing, operating,  maintaining  or  installing  any  electri- 
cal wires,  apparatus,  construction  or  equipment  for 
the  damages  to  any  one  injured  by  any  defect  there- 
in, nor  shall  the  city,  or  any  agent  thereof,  be  held 
as  assuming  any  such  liability  by  reason  of  the  in- 
spection authorized  herein,  or  the  certificate  of  in- 
spection issued  by  the  city  electrician. 

§705.  Penalties.  (Sec.  19)  Any  company,  firm, 
corporation  or  individual  who  shall  fail,  neglect  or 
refuse  to  comply  with  any  of  the  provisions  of  this 
ordinance  shall  on  conviction,  be  fined  in  a sum  not 

357 


less  than  live  dollars  ($5)  nor  more  than  three  hun- 
dred dollars  ($300)  for  each  offense.  Each  day  that 
any  person  shall  continue  to  violate  any  of  the  pro- 
visions of  this  ordinance,  or  the  rules  and  regula- 
tions made  by  the  city  electrician  as  herein  provided 
shall  constitute  a separate  offense  and  be  punished 
accordingly.  [Ord.  No.  849,  passed  July  26,  1911.] 


ARTICLE  11. 

OF  THE  FIRE  DEPARTMENT  RELIEF  AND 
PENSION  FUND. 

§706.  Fund  Created.  How  Administered.  (Sec. 
1 ) There  is  hereby  created  in  the  city  a lire  depart- 
ment relief  and  pension  fund,  which  shall  be  admin- 
istered by  a board  composed  of  the  commissioner  of 
public'  safety  and  four  members  of  the  fire  depart- 
nienf  under  such  rules  and  regulations  as  may  be 
approved  by  the  council.  Said  board  shall  be  desig- 
nated ‘‘The  Firemen’s  Relief  and  Pension  Board.” 

§707.  Election  of  Members.  (Sec.  2)  Four 
niem])ers  of  the  lire  department  shall  be  elected  an- 
nually to  said  board  by  the  members  of  the  fire  de- 
partment at  such  time  and  in  such  manner  as  may 
be  prescribed  by  the  rules  of  the  board,  approved 
by  the  council.  The  commissioner  of  public  safety 
shall  prescribe  the  time  and  manner  in  which  the 
first  four  (4)  members  of  the  board  shall  be  elected. 

§708.  Trustee  of  Funds.  Liability.  (See.  3) 
The  said  board  shall  be  the  trustee  of  all  moneys, 
securities  and  other  property  belonging  to  the  said 
fund  and  for  its  wrongful  acts  and  omissions,  as 
such  trustee;  the  members  thereof  shall  be  jointly 
and  severally  liable. 


358 


§709.  President.  Secretary.  (Sec.  4)  Tlie 
conmiissioiier  of  ])iil)Iic  safety  shall  be  president  of 
said  board,  and  the  board  shall  elect  a secretary  who 
shall  be  a nieniber  of  said  board  and  keep  a full  rec- 
ord of  the  proceedings  of  the  board. 

§710.  Adopted  Rules  to  be  Approved  by  the 
Council.  (Sec.  5)  The  board  shall  adopt  suital)le 
rules  for  its  government  and  the  administration  of 
its  trust,  which  said  rules  shall  l)ecome  effective 
when  ai)proved  by  the  council. 

§711.  City  Treasurer  Custodian.  (Sec.  6)  The 

treasurer  of  the  city  shall  be  the  custodian  of  all 
funds,  securities  and  other  property  belonging  to 
said  fund,  and  shall  be  liable  upon  his  official  bond 
therefor. 

§712.  Money  Drawn  on  Warrants  Issued  by 
Auditor.  (Sec.  7)  The  treasurer  shall  hold  all  secur- 
ities and  other  property  belonging  to  said  fund  sul)- 
ject  only  to  the  written  order  of  said  board  as  wit- 
nessed by  the  signature  of  the  president  thereof  and 
attested  by  its  secretary.  The  treasurer  shall  pay 
out  the  money  in  said  fund  only  on  warrants  duly 
drawn  by  the  auditor.  ^die  auditor  shall  draw 
warrants  on  said  fund  upon  vouchers  duly  authenti- 
cated by  the  signature  of  the  president  of  said  board 
attested  by  the  secretary  thereof.  No  such  vouchers 
shall  be  made,  or  orders  made  on  the  securities  and 
other  proi:>erty  held  by  the  treasurer  without  a rec- 
ord of  the  same  l)eing  first  made  in  the  minute  book 
of  the  proceedings  of  the  board,  which  shall  be  kept 
by  the  secretary  of  said  board.  The  treasurer  shall 
keep  such  books  of  account  and  records  as  the  board 
shall  prescribe.  All  books  relating  to  said  fund  shall 
at  all  times  be  subject  to  inspection  by  the  board  or 
any  member  thereof,  or  other  person  interested. 
Upon  removal  from  office  the  treasurer  shall  deliver 

359 


to  his  successor  all  moneys,  securities  and  other 
})i*o})erty,  including’  !)ooks  and  records,  belonging  to 
said  fund,  and  said  hoard  shall  do  likewise  as  to  its 
successors. 

't 

§713.  Source  of  Revenue  for  Fund.  (Sec.  8) 
There  shall  he  ])aid  into  and  credited  to  said  fund 
money  derived  from  the  following  sources: 

1.  The  mayor  shall  provide  in  his  annual  budget 
* for,  and  the  council  shall  appropriate  to  said  fund 
annually,  an  amount  not  less  than  one  thousand  dol- 
lars ($1,000). 

'2.  All  money  received  from  tines  or  penalties 
imposed  ipjon  members  of  the  tire  department  for 
violation  of  the  laws,  rules  or  regulations  of  the  tire 
department. 

3.  All  donations  and  gifts  which  may  be  made 
to  said  fund,  and  net  receipts  from  entertainments 
given  by  or  under  the  aus])ices  of  the  tire  depart- 
ment. 

•1.  All  rewards,  fees,  proceeds  or  gifts  and  emol- 
uments that  may  be  paid  or  given  on  account  of  ex- 
traordinary service  of  any  officer,  member  or  eni- 
ploye  of  said  department,  shall  be  paid  into  said 

Kind. 

5.  There  shall  be  paid  into  said  fund  an  assess- 
ment of  seventy-five  cents  a month  by  each  member 
of  the  tire  deiiartment.  The  auditor  shall  deduct 
said  sum  from  the  pay  due  each  member  for  the  last 
half  of  each  calendar  month,  and  draw  a warrant  for 
the  total  amount  deducted  in  favor  of  the  secretary 
of  the  board,  who  shall  cause  the  treasurer  to  place 
the  total  amount  thus  deducted  each  month  to  the 
credit  of  said  fund.  The  warrant  issued  to  the  secre- 
tary by  the  auditor  for  said  moneys  shall  be  taken 
and  considered  a full  receipt  by  each  member  of  said 

360 


department  for  the  assessment  so  deducted,  and 
neither  the  auditor  nor  the  city  shall  l)e  in  any  man- 
ner liable  to  any  member  of  said  department  for  the 
said  Slim  so  deducted  and  transferred  to  the  treas- 
urer for  said  fund. 

().  There  shall  be  paid  into  said  fund  all  moneys 
that  may  be  reecived  from  the  state  pursuant  to  any 
law  now  or  hereafter  enacted. 

§714.  Moneys  Not  Transferred  to  General  Fund. 

(Sec.  9)  ^Moneys  remaining-  at  the  end  of  any  tiscal 
year  in  said  relief  fund  shall  not  l)e  transferred- to 
any  other  fund. 

§715.  Funds.  How  Invested.  (Sec.  10)  The 
board  of  trustees  shall  have  the  power  to  draw  such 
funds  as  are  credited  to  the  relief  fund,  under  the 
provision  of  this  ordinance  from  the  treasurer,  and 
may  invest  the  same  or  any  part  thereof  in  the  name 
of  “Firemen’s  Relief  and  Pension  Fund”  in  inter- 
est-bearing bonds  of  the  United  States,  of  the  state 
of  Colorado,  or  any  county  or  munici])al  corporation 
of  the  state,  or  in  school  district  bonds.  All  such 
securities  shall  be  deposited  with  the  city  treasurer 
and  the  interest  reecived  from  the  investments  of 
same  shall  be  credited  to  said  fund. 

§716.  Who  Shall  Receive  Benefits.  (Sec.  11) 
No  person  shall  be  entitled  to  the  benefits  of  any  of 
the  provisions  hereof  unless  he  now  l)e,  or  hereafter 
become  a member  or  employe  of  the  fire  department 
of  the  city,  within  the  classified  service  of  the  civil 
service  regulations,  and  the  chief  of  the  fire  de])art- 
ment  of  the  city,  or  a member  of  the  immediate  fam- 
ily of  such  person. 

§717.  Sick  Benefits.  (Sec.  12)  Any  member  of 
the  fire  department  who  is  unable  to  perform  the 
duties  of  the  employment  in  said  department  on  ac- 

361 


('oiiiit  of  injury  or  sic'kness  mul  who  is  laid  off  on 
half  pay  on  arc'onnt  of  sncli  injury  or  sickness,  sliall 
i-e(‘eiv(‘  one  dollar  a day  from  the  relief  funds  above 
l)rovided,  for  such  time  only  as  he  is  laid  off  and  re^ 
('cives  half  pay  from  the  city. 

§718.  Total  Disability.  Payment.  (Sec.  13)  If  any 
imnnhei-  or  eni])loye  of  the  fire  department  suffer  per- 
manent total  disability  and  he  thereby  rendered  un- 
able to  perform  his  duty  as  such  officer  or  member  to 
(‘inploye,  he  shall  be  retired  from  service  and  instead 
of  his  salary  from  said  department  he  shall  be  paid 
monthly  from  said  fund  an  amount  equal  to  one-half 
the  average  monthly  salary  he  was  in  receipt  of  dur- 
ing one  year  next  before  the  time  of  such  disability, 
so  long  as  the  existence  of  such  disability  may  from 
time  to  time  l)e  attested  to  in  writing  by  two  regular 
certified  practicing  physicians  appointed  by  the 
board,  for  the  purpose  of  ascertaining  the  condition 
of  such  officer,  member  or  employe. 

§719.  When  Deemed  Totally  Disabled.  (Sec. 
14)  No  such  officer,  member  or  employe  shall  be 
deemed  to  be  permanently  totally  disabled  until 
after  the  ex])iration  of  ninety  days  from  the  time  of 
sud'ering  any  disability,  but  for  said  period  shall  be 
deeined  to  be  tem])orarily  disabled  only  and  ]iaid  his 
salary  by  said  dei)artnient.  In  case,- however,  his 
disability  continues  more  than  ninety  days,  he  shall 
for  siK'h  period  in  excess  of  ninety  days  be  conclu- 
sively deemed  to  be  ])ernianently  disabled,  provided 
his  case  otherwise  l)e  within  the  term  of  this  act. 

§720.  Benefits  to  Beneficiaries  in  Case  of 
Death.  (^e(‘.  15)  If  any  member  of  the  fire  depart- 
ment shall  while  in  the  ])erformance  of  his  duty  be 
killed  or  die  as  a result  of  an  injury  received  in  the 
line  of  his  duty  or  of  any  disease  contracted  by  rea- 
son of  his  occupation  as  a fireman,  or  shall  die  from 

362 


any  (‘aiise  whatever,  while  in  such  service,  and  shall 
leave  a widow,  or  child  or  cliildren,  under  the  ai>’e 
of  sixteen  years  surviving-  liim,  the  hoard  shall  di- 
rect the  monthly  ])ayment  from  said  relief  and  pen- 
sion fund  to  the  widow  until  married,  to  each  child 
until  it  shall  attain  the  age  of  sixteen  years,  a sum 
in  accordance  with  the  following  schedule,  but  if  the 
aggregate  thereof  in  any  case  exceed  one-half  the 
average  monthly  salary  received  by  such  deceased 
member,  during  the  year  next  before  his  death,  then 
the  i)a}unents  in  such  case  shall  be  proportionately 
abated.  The  schedule  above  referred  to  is  as  fol- 
lows: To  the  widow  until  she  marries,  $30;  to  each 

child  under  the  age  of  sixteen  years,  $6,  payable  to 
the  custodian  thereof.  If  any  member  of  the  tire 
department,  being  single  or  unmarried,  shall  while 
in  the  performance  of  his  duty,  be  killed  or  die  as 
the  result  of  an  injury  received,  or  of  any  disease 
contracted  by  reason  of  his  occupation  as  a hreman, 
or  shall  die  from  any  cause  whatever  while  in  said 
service,  and  shall  leave  a father  or  mother  who  are 
dependent  upon  him  for  support,  or  a brother  or  sis- 
ter under  the  age  of  sixteen  years  so  dependent,  the 
firemen’s  relief  and  pension  Board  shall  direct  the 
payment  from  the  relief  and  pension  fund  monthly 
to  the  father  if  he  only  or  both  such  parents  are  liv- 
ing, the  sum  of  $30.  The  board  shall  also  direct  the 
])ayment  monthly  to  the  legal  custodian  for  the  ben- 
efit of  each  minor  child  under  sixteen  years  of  age. 
the  sum  of  $6;  provided,  however,  that  the  amount 
so  paid  to  such  dependent  parent  or  parents  or 
brothers  or  sisters,  shall  not  exceed  in  the  aggregate 
an  amount  equal  to  one-half  his  average  monthly 
salary  he  was  in  receipt  of  during  the  one  year  next 
before  his  death. 

I 

§721.  Who  May  Be  Retired.  (Sec.  16)  Any 
officer,  member  or  employe  of  said  department,  who 

363 


lias  been  in  the  service  of  the  fire  department  in  the 
(bty  for  twenty  years  or  more,  or  is  sixty  years  of 
a^-e,  may  make  application  to  be  relieved  from  serv- 
ice and  the  board  shall  grant  such  application,  and, 
instead  of  his  salary  from  the  department,  there 
shall  be  paid  monthly  from  said  fund  to  the  appli- 
cant an  amount  equal  to  one-half  the  average  month- 
ly salary  he  received  during  the  year  next  before  the 
time  of  filing  said  application.  The  board  may,  in 
its  discretion,  retire  any  such  officer,  member  or 
employe  on  the  terms  aforesaid  who  has  attained  the 
age,  or  has  been  in  the  service  as  aforesaid  without 
ayjplication  for  relief  from  service  having  been  made. 
Any  member  shall  have  benefit  under  this  ordinance 
of  all  the  time  he  has  served  on  this  department 
whether  it  be  continuous  or  not. 

§722.  Funeral  Expenses.  (Sec.  17)  Upon  the 
death  of'  a member  of  this  department,  the  board 
shall  appropriate  a sum  not  to  exceed  $100  to  the 
widow  or  family  of  such  deceased  member  for 
funeral  expenses. 

§723.  Benefits  Prorated  When  Funds  Insuffi- 
cient to  Fay  in  Full.  (Sec.  18)  If  at  any  time  the 
money,  security,  and  other  property  to  the  credit  of 
said  fund  be  insufficient  to  make  the  monthly  pay- 
ments accruing  hereunder,  then  the  beneficiaries 
shall  equally  ])ro  rate  until  such  time  as  the  condi- 
tion of  said  fund  warrants  the  payment  of  their  bene- 
fits in  full.  Arrearages  of  benefits  for  one  year  may 
be  ])aid  in  any  future  year  and  shall  enter  into  and 
form  ])art  of  the  l)asis  of  distribution  for  such  year, 
but  shall  not  otherwise  be  preferred. 

§724.  Benefits  Not  Subject  to  Levy  or  Attach- 
ment. (Sec.  19)  No  portion  of  said  fund  shall  be- 
foi-e  or  after  its  order  for  distribution  be  held,  seized, 
taken  or  subjected  to  or  detained,  or  levied  upon  by 

3^4 


virtue  of  any  attachment,  execution,  writ,  interloc- 
utory, or  other  order  or  decree,  or  any  process  or 
))i*oceeding'  whatever  issued  out  of  or  by  any  court, 
or  by  any  court  of  this  state,  for  the  payment  or  sat- 
isfaction, in  whole  or  part,  of  any  debt,  claim,  de- 
mand or  judgment  against  any  beneficiary  of  said 
fund,  but  said  fund  shall  be  held  and  distributed  for 
the  purpose  of  this  act  and  for  no  other  purjDose 
whatever. 

§725.  City  Attorney  Advise  Board.  (Sec  20) 
It  shall  be  the  duty  of  the  city  attorney  to  give  ad- 
vice to  the  board  in  all  matters  pertaining  to  their 
duties  and.  management  of  said  fund  whenever  re- 
quired. And  he  shall  represent  and  defend  said 
board  as  its  attorney  in  all  suits  or  actions  at  law 
or  in  equity  that  may  be  brought  against  it  and  bring 
all  suits  and  actions  in  its  behalf  that  may  be  re- 
quired or  determined  upon  by  said  board. 

§726.  Board  Report  to  Mayor  and  Council. 

(Sec  21)  On  or  before  the  first  Monday  of  November 
'n  each  year  the  said  board  shall  report  to  the  mayor 
as  to  the  condition  of  said  fund  and  shall  on  or  be- 
fore the  15th  day  of  January  of  each  year  make  a 
full  detailed  report  to  the  council  of  receipts  and  ex^ 
penditures  on  account  of  said  fund  for  the  preceding 
year. 

§727.  Council  May  Change  or  Repeal.  (Sec.  22) 
The  council  shall  have  power  at  any  time  to  change 
or  repeal  any  of  the  provisions  hereof  including 
those  prescribing  the  terms,  conditions  and  amounts 
to  be  paid  to  or  from  said  fund,  notwithstanding 
service  in  said  department,  or  donation  or  payment 
into  said  fund  of  any  amount  by  any  such  officer, 
member  or  employe  or  any  other  person.  [Ord.  No. 
903,  passed  Apr.  2,  1913.] 


365 


CHAPTER  VIII 

OP  THU  DP,PARTMBNT  OP  PUBLIC  WORKS  AND 
PROPERTY.  RELATING  TO  PUBLIC 
WORKS. 


ARTICLE  1. 

ORGANIZATION  AND  SCOPE  OF  THE  DE- 
PARTMENT. 

§728.  Department  of  Public  Works  and  Prop- 
erty. (Sec.  11)  The  commissioner  of  public  works 
and  pro])erty  shall  have  the  supervision  and  control, 
subject  to  the  general  oversight  of  the  mayor,  of  all 
streets,  ])uhlic  works,  wa^^s,  buildings  and  improve- 
ments, except  where  otherwise  provided  by  ordi- 
nance. He  shall  superintend  and  takg  charge  of 
all  ])ublic  work,  the  entire  erection,  making  and  re- 
construction of  all  street  improvements,  sidewalks, 
bridges,  viaducts,  and  public  buildings  and  other 
improvements,  and  repair  thereof,  where  not  othei*- 
wise  assigned.  He  shall  approve  the  estimates  of 
the  city  engineer  which  may  be  made  from  time  to 
time,  of  the  cost  of  such  work,  as  the  same  pro- 
gresses, and  accept  any  building  erected,  work  done 
or  improvement  made  when  completed  according  to 
contract,  and  perform  such  other  duties  as  may  be 
provided  or  required  by  ordinance  or  resolution. 
He  shall  have  control,  management  and  direction 
of  the  sprinkling,  cleaning  and  the  lighting  of  the 
streets  and  alleys,  of  public  grounds  and  buildings 
^lot  otherwise  assigned,  and  of  all  lamps,  lights, 
lighting  material  and  persons  charged  with  the  care 
thereof.  He  shall  have  charge  of  enforcing  the  pro- 
visions of  law  or  ordinances  relating  to  billboards. 
He  shall  have  supervision  over  all  j'mblic  service 

366 


utilities  and  all  persons  or  corporations  reiideriiij^- 
Service  in  the  city  under  any  franchise,  contract  or 
.i>rant  made  or  g-ranted  by  the  city  or  state,  and  shall 
re])ort  to  the  mayor  and  the  council  any  failure  of 
said  person  or  corporation  to  render  service  or  to 
observe  the  requirements  or  conditions  of  the  fran- 
chise, contract  or  grant  under  which  such  public 
service  utility  is  operated.  He  shall  audit  and  ap- 
prove all  ])ay  rolls,  and  all  bills  and  accounts  for 
the  expenditure  of  money  in  his  department,  before 
the  same  are  presented  to  the  auditor.  He  shall 
purchase  all  supplies  for  his  department,  in  the 
manner  ]>rovided  by  ordinance. 

The  city  engineer,  and  the  engineer’s  depart- 
ment and  all  employes  therein;  the  street  commis- 
sioner and  assistants,  and  all  other  persons  employed 
in  connection  with  the  work  of  the  street  depart- 
ment, and  the  janitors  of  the  city  hall,  are  distrib- 
uted and  assigned  to  the  department  of  public  works 
and  property,  and  shall  be  under  the  supervision 
and  direction  of  the  commissioner  thereof,  and  the 
said  commissioner  may  employ  and  discharge  or 
delegate  to  any  subordinate  the  power  to  employ 
and  discharge  all  day  laborers  and  unskilled  work- 
men in  said  department,  and  he  may  suspend  any 
officer  or  employe  in  said  department  for  a period 
not  to  exced  ten  days  whenever  in  his  judgment  the 
public  interests  demand  or  will  be  better  subserved 
thereby.  All  persons  employed  in  said  department 
of  public  works  and  property,  except  unskilled 
workmen  and  day  laborers,  shall  be  appointed  by 
the  mayor  from  persons  recommended  by  the  com- 
missioner for  the  respective  offices  or  positions  to 
be  tilled.  [Ord.  No.  778,  passed  Oct.  20,  1909.] 


3O7 


ARTICLE  2. 

OF  ^rilF  VWY  ENGINEER,  ASSISTANTS  AND 
SUBORDINATES. 


§729.  City  Eng-ineer.  (Sec.  25)  There  is  hereby 
('reated  tlie  position  of  city  eng-ineer.  The  city  en- 
gineer shall  l)e  appointed  by  the  mayor  upon  the 
i-ecommendation  of  the  cottimissioner  or  pul)lic  works 
and  property  for  an  indefinite  term  and  may  be  re- 
moved by  the  mayor  or  the  council  at  any  time 
in  the  manner  provided  in  the  charter.  The  city 
eng-ineer  shall  be  bonded  by  some  reliable  surety 
(‘ompany  in  such  amount  as  the  council  shall  fix  by 
ordinance  for  the  faithful  performance  of  the  duties 
of  his  office,  and  that  he  will  upon  his  removal  or 
resignation  from  his  position,  forthwith  upon  de- 
mand, deliver  to  the  commissioner  of  public  works 
and  property  of  the  city,  all  moneys,  books,  papers, 
])i’operty  and  other  things  under  his  control  or  cus- 
tody belonging  to  the  city.  [Ord.  No.  730,  passed 
Apr.  3,  1907,  as  amended  by  Ord.  No.  893,  passed 
Jan.  29,  1913.] 

§730.  Duties.  (Sec.  26)  The  engineer  shall,  in 
addition  to  the  duties  now  imposed  upon  him  by  law, 
perform  the  following  duties: 

(a)  Survey  Lots.  The  engineer  shall,  at  the 
request  of  any  property  owner  in  the  city,  survey 
such  lots  as  may  be  requested  and  mark  the  proper 
corners  and  boundaries  thereof.  For  such  surveys 
the  engineer  shall  be  allowed  to  demand  and  receive 
for  the  city,  from  the  owners  of  the  property  order 
ing  the  work  to  be  done:  For  surveying  each  lot 

not  over  twenty-five  feet  front,  three  dollars  and 
fifty  cents;  for  surveying  each  additional  lot  of  the 
above  dimensions,  belonging-  to  the  same  person,  one 
1 -s  S':’-'  ^ .i  I s 

368 


dollar  and  fifty  cents;  for  surveying  each  lot’  over 
twenty-five  feet  and  not  over  fifty  feet  front,  four 
dollars;  for  surveying  each  additional  lot  of  the  last 
named  dimensions,  belonging  to  the  same  person, 
two  dollars. 

(b)  Furnish  Street  Grades.  The  engineer  shall, 
at  the  request  of  any  property  owner  in  the  city, 
furnish  the  street  grade  for  sidewalks.  For  so  fur- 
nishing such  grades,  the  engineer  shall  be  allowed 
to  demand  and  receive  for  the  city  from  the  owners 
of  the  property  ordering  the  work  to  be  done:  For 
furnishing  the  street  grade  for  each  lot  not  exceed- 
ing fifty  feet  front,  three  dollars;  for  furnishing  the 
street  grade  for  over  fifty  feet  and  not  over  one  hun- 
dred feet  front,  for  the  one  hundred  feet,  four  dol- 
lars and  for  each  linear  foot  in  excess  of  the  one 
hundred  feet,  two  cents  per  linear  foot;  provided, 
that  there  shall  be  no  charge  to  the  owner  of  prop- 
erty for  furnishing  street  grade  for  sidewalks  where 
the  walk  to  be  laid  shall  consist  of  one  or  more 
blocks  in  length  and  shall  be  laid  of  concrete  or  flag- 
stone and  all  laid  within  thirty  days  from  the  date 
that  the  grade  is  furnished  by  the  engineer.  All 
sidewalks  shall  be  laid  under  the  supervision  of  the 
engineer. 

§731.  Engineer  to  be  Building  Inspector.  (Sec. 
27)  The  engineer  shall  be  the  building  inspector  of 
this  city,  and  as  such  inspector  shall  have  such  pow- 
ers and  duties  as  are  hereafter  by  Chapter  XIV 
conferred  upon  and  required  by  him. 

§732.  Moneys  to  be  Paid  Treasurer.  (Sec.  28) 
All  moneys  received  by  the  engineer  on  account  of 
his  office,  shall  be  by  him  forthwith  and  on  the  same 
day  as  received,  delivered  to  the  treasurer. 

§733.  Compensation.  (Sec.  29)  The  city  en- 
gineer shall  reecive  such  compensation  as  shall  be 

3^9 


fixed  by  ordiiunu'e.  1 Ord.  No.  730,  ])assed  Apr.  3, 
1907,  ‘d^  amended  by  Ord.  No.  893,  passed  Jan.  29, 
1913.1 

§734.  Assistant  Engineer.  (See.  30)  An  as- 
sistant engineer  shall  be  appointed  as  provided  by 
the  eliarter  Avho  shall  receive  such  salary  as  may  be 
fixed  by  ordinance.  He  shall  perform  the  duties  of 
the  engineer  in  his  absence,  and  perform  such  addi- 
tional duties  as  may  l)e  assigned  him  by  the  engin- 
eer, and  ])y  the  commissioner  of  public  works'  and 
property.  He  shall  be  ])onded  in  such  amount  as 
shall  be  lixed  by  ordinance. 

§735.  Assistants  and  Subordinates.  (Sec.  31) 
There  shall  be  appointed  in  the  engineer’s  office 
such  assistants  and  subordinates  as  shall  be  recom- 
mended by  the  commissioner  of  public  works  and 
})roperty  and  authorized  by  the  (*ouncil.  They  shall 
perform  such  duties  as  may  be  assigned  them  by  the 
engineer  and  the  commissioner  of  public  works  and 
})roperty,  and  shall  receive  such  compensation  as 
shall  be  fixed  by  ordinance  or  resolution  adopted  by 
the  council.  [Ord.  No.  730,  passed  Apr.  3,  1907,  as 
amended  l)y  Ord.  No.  894,  passed  Feb.  5,  1913.] 


ARTICLE  3. 

OF  9’HE  CONSTRUCTION,  INSPECTION  AND 

LOCATION  OF  BUILDINGS. 

§736.  Duties  of  Inspector.  (Sec.  62)  It  shall 
l)e  the  duty  of  the  engineer  as  building  inspector  to 
issue  all  permits  for  the  erection  of  buildings  in  the 
city  or  the  making  of  alterations  or  repairs  thereof, 
except  as  hereinafter  provided,  and  to  keep  a record 
of  all  permits  issued.  He  shall  also  keep  a record 

370 


showing  tJie  nimiber  of  rooms,  description,  size  and 
cost  of  every  bnilding  erected,  altered  or  repaired  in 
tlie  city  during-  his  term  of  office.  He  shall  examine 
all  buildings  in  course  of  erection,  alteration  or 
repair  within  the  city  as  often  as  practicable  and 
see  that  the  reqnirenients  of  this  chapter  in  relation 
thereto  are  comjjlied  with.  He  shall  inspect  all 
school  buildings,  public  halls,  theaters,  churches, 
hotels,  apartment  houses  and  other  buildings  which 
are  occupied  or  used  by  large  numbers  of  people  or 
where  they  assemble,  at  least  once  in  each  year,  for 
the  purpose  of  determining  the  safety  of  such  build- 
ings or  any  part,  appliance  or  equipment  thereof; 
the  sufficiency  of  their  doors,  passage  ways,  aisles, 
staii’wmys,  corridors,  exits  or  lire  escapes  and  gen- 
erally, their  facilities  for  egress  in  case  of  lire  or 
other  accident;  the  strength  of  their  floors  and  the 
safety  of  their  elevators,  and  shall  make  returns  of 
all  violations  of  the  several  provisions  of  this  chap- 
ter to  the  mayor. 

In  the  performance  of  his  duties,  he  shall  have 
the  right  to  enter  any  building  or  premises  in  the 
city  at  any  and  all  times.  Whenever  in  the  opinion 
of  the  engineer,  any  wall  or  other  part  of  a building 
is  dangerous  or  unsafe^  from  any  cause  for  the  pur- 
pose for  which  it  is  used,  or  shall  be  in  danger  of 
being  set  on  lire  from  any  defect  in  construction,  or 
any  machinery,  material  or  staging  used  shall  be 
considered  unsafe  for  the  purpose  for  which  it  is 
intended,  the  engineer  shall  notify  the  owner,  his 
agent,  or  the  architect  or  contractor  in  charge  of 
the  construction,  in  writing,  specifying  wherein  such 
danger  exists  or  wherein  such  building  is  unsafe  or 
defective. 

If  the  owner  or  his  agent,  or  the  architect  or 
contractor  shall  neglect  or  refuse  after  service  of 

371 


such  notice,  to  proceed  to  put  such  building-,  ma- 
(‘liinery,  material  or  staging  in  a safe  condition  or 
forthwith  to  remove  such  danger,  he  shall  be  fined 
not  less  than  twenty-five  nor  more  than  one  hundred 
dollars  for  each  day  such  violation  is  continued. 
If  any  building  or  part  thereof  shall  appear  to  the 
engineer  to  be  dangerous  or  unsafe  on  account  of 
fire  or  by  reason  of  bad  condition  of  walls,  over- 
loaded floors,  defective  construction,  decay,  or  any 
other  reason,  the  engineer,  besides  proceeding  as 
lierei]!  provided,  shall  paste  a notice  of  the  danger- 
ous or  unsafe  character  of  such  building  or  part 
thereof,  in  a conspicuous  place  on  or  near  the  ex- 
terior wall  of  such  building,  and  any  person  remov- 
ing such  notice,  shall  be  fined  not  less  than  ten  nor 
more  than  twenty-five  dollars  for  each  offense. 

The  engineer  shall  have  power  to  stop  the  con- 
struction of  any  building  within  the  city  when  the 
same  is  being  done  in  a reckless  or  careless  manner 
and  in  violation  of  any  ordinance  and  to  order  any 
and  all  persons  in  any  way  or  manner  whatever  en- 
gaged in  so  constructing,  altering  or  repairing 
such  building  to  stop  and  desist  therefrom.  ^ 

§737.  Permits.  Fees.  (Sec.  63)  Before  pro- 
ceeding with  the  erection,  enlargement,  alteration, 
repair  or  removal  of  any  building  in  the  city,  a 
permit  for  such  erection,  enlargement,  alteration, 
repair  or  removal  shall  first  be  obtained  by  the  own- 
er or  his  agent,  from  the  engineer,  except  that  a 
permit  shall  not  be  required  for  the  alteration  of 
any  l)uilding  outside  the  fire  limits,  where  such 
alteration  shall  not  cost  to  exceed  fifty  dollars,  and 
it  shall  be  unlawful  to  proceed  with  the  erection,  en- 
largement, alteration,  repair  or  removal  of  any 
building  or  of  any  structural  part  thereof,  within 
the  city  unless  such  permit  shall  first  have  been  ob- 


372 


tained  from  the  engineer.  Application  for  such  per- 
mit shall  be  made  by  the  owner  or  his  agent  to  the 
engineer  in  writing  upon  blanks  to  be  furnished  by 
the  engineer,  and  such  application  shall  show  the 
number  of  rooms,  description,  size  and  cost  of  the 
building  to  be  erected,  enlarged,  altered,  repaired  or 
removed,  and  shall  be  accompanied  by  full  and  com- 
plete set  of  plans  showing  the  mode  of  construction, 
the  material  to  be  used  therein  and  the  estimated 
cost  of  such  building,  enlargement,  alteration  or  re- 
pair. If  such  application  shall  show  that  such  build- 
ing, or  the  enlargement,  alteration  or  repair  re- 
quested shall  be  in  conformity  with  the  provisions  of 
this  chapter,  the  engineer  shall  grant  a permit  for 
such  building,  enlargement,  alteration,  repair  or  re- 
moval. For  such  permits  the  engineer  shall  collect 
for  the  city  the  following  fees:  For  a permit  when 
the  estimated  cost  of  the  building  or  repair  or  alter- 
ation thereof  shall  not  exceed  five  hundred  dollars, 
fifty  cents;  over  five  hundred  and  not  exceeding 
one  thousand  dollars,  one  dollar;  each  one  thousand 
dollars  or  fractional  part  thereof  in  excess  of  one 
thousand  and  up  to  five  thousand  dollars,  one  dollar ; 
and  for  each  additional  one  thousand  dollars  or  frac- 
tional part  thereof,  over  five  thousand  dollars,  fifty 
cents. 

For  permits  to  set  high-pressure  steam  boilers, 
two  dollars  each. 

For  permits  to  construct  elevators,  two  dollars 
each.  [Ord.  No.  730,  Art.  1,  Chap,  14,  passed  Apr. 
s',  1907.] 

§738.  Buildings.  Definition  of  Terms.  (Sec. 

64)  In  this  chapter  the  following  terms  shall  have 
the  meanings  respectively  assigned  to  them: 

‘‘Alteration”  means  any  change  or  addition  by 


373 


wliiclj  the  structural  portion  of  the  building  is  af- 
fected. 

“Cellar  or  basement”  means  a lower  story  of 
which'  one-half  or  more  of  the  height  from  the  floor 
to  the  ceiling  is  below  the  level  of  the  ground  ad- 
joining. 

“Foundation,  basement  or  cellar  wall”  means 
that  portion  of  the  wall  below  the  level  of  the  street 
curb;  and  where  the  wall  is  not  on  a street,  that  por- 
tion of  wall  below  the  highest  ground  next  to  the 
wall. 

“Party  wall”  means  a wall  built  upon  the  di- 
viding line  between  the  adjoining  premises  for  their 
common  use. 

“External  wall”  means  every  other  wall  or  ver- 
tical enclosure  of  a building  other  than  the  party 
wall. 

“Partition”  means  any  interior  wall  in  a build- 
ing of  masonry  or  wood. 

“Thickness  of  wall”  means  the  minimum  gen- 
eral thickness  of  such  wall. 

“Stories”  are  counted  from  the  first  tier  of 
beams  at  or  above  the  level  of  adjoining  ground  or 
sidewalk. 

“Wooden  building”  within  the  fire  limits 
means  any  building  any  structural  part  of  whose 
outside  wall  is  of  wood. 

“Wooden  buildings”  outside  the  fire  limits 
means  any  building  which  has  a wooden  exterior. 

“Buildings  of  brick  or  other  combustible  ma- 
terial” means  any  building,  the  structural  part  of 
whose  outside  walls  is  of  such  materials. 

“Block  of  dwellings”  means  a series  of  two  or 
374 


more  houses  used  mainly  idi'  dwelliui>s,  siu'li  Jiouses 
being'  se})arated  l)v  masonry  walls  and  having  sep- 
arate entranees  and  stairways. 

‘‘Shed”  means  a stru(3ture  not  exceeding  one 
story  in  height,  of  wliicli  at  least  one  side  shall  1>e 
open. 

§739.  Thickness  of  Walls.  (Sec.  (>5)  The  tliick- 
ness  of  walls  in  inches  shall  be  not  less  than  is  indi- 
cated l)y  the  following  table: 

Brick  buildings  other  than  dwellings,  having  a 
stone  foundation  wall : 

One  story,  16,  8;  tAvo  story,  16,  12,  12;  three 
story,  20,  16,  12,  12;  four  story,  24,  16,  16,  12,  12; 
five  story,  26,  20,  16,  16,  12,  12. 

All  party  Avails  four  and  one-half  inches  thicker 
than  sidewall. 

For  dwellings: 

One  story,  16,  8;  one  story  and  one-half,  16,  8,  8; 
two  story,  18,  12,  8;  three  story,  18,  12,  12,  8. 

In  the  aboA^e,  story  and  one-half  dAvellings,  the 
eight-inch  Avail  shall  in  no  case  exceed  fifteen  feet  in 
height. 

In  buildings,  the  walls  of  which  are  of  stone, 
the  thickness  for  each  story  shall  he  four  inches 
more  than  called  for  in  the  ahoAm  table. 

All  buildings,  or  ])arts  of  huildings,  hereafter 
erected  in  this  city  and  hereinafter  si)ecifically  de- 
scribed, shall  he  of  sound  material,  of  good  Avorkman- 
ship  and  abundantly  strong  for  the  purpose  intended, 
and  the  size  of  materials  used  therein  shall  he  such 
as  ha\"e  been  determined  by  the  best  authority  and 
demonstrated  by  experiment  to  be  proper. 


375 


1'liey  shall  he  of  slow-burning  construction  and 
])e  hre  checked,  by  placing  fire  checks  one  above  the 
baseboard,  one  in  the  center  of  all  wood  partitions, 
one  between  joists  under  wood  cross  partitions,  one 
al)ove  ceiling  line  and  around  all  flues,  leaving,  no 
(continuous  air  space  in  any  direction. 

Materials  subject  to  transverse  strains  shall  not 
])e  loaded  to  more  than  one-fourth  their  breaking 
strength,  if  subject  to  shearing  or  tensile  strains  to 
more  than  one-fourth  their  ultimate  strength;  and 
piers  and  columns  of  less  than  five  diameters  in 
height,  to  more  than  one-sixth  their  crushing 
strength;  columns  or  piers  of  more  than  five  diam- 
eters are  to  be  increased  in  strength  according  to 
the  formula  of  Trautwine  or  other  equally  good  au- 
thority. 

The  outside  of  walls  of  rooms  having  truss  roofs 
or  ceilings  such  as  churches,  public  halls,  theaters, 
dining  rooms,  or  the  like  if  more  than  fifteen,  or  less 
than  twenty-five  feet  high,  shall  average  at  least 
sixteen  inches;  and  if  over  twenty-five  feet  high  at 
least  twenty  inches;  if  over  forty  feet  high  at  least 
twenty-four  inches  in  thickness. 

If  solid  buttresses  or  piers  are  employed  with 
sufficient  sectional  area  placed  less  than  eighteen 
feet  apart  and  extending  to,  or  nearly  to,  top  of  wall 
four  inches  may  be  deducted  from  the  thickness 
of  any  wall  liaving  such  buttress  of  piers.  When 
hollow  walls  are  used,  the  air  spaces  shall  not  be 
included  in  the  thickness  required. 

No  continuous  vertical  recess  or  chase  shall  he 
made  in  any  wall  so  deep  that  it  will  leave  a thick- 
ness at  the  back  less  than  eight  inches  at  any  point; 
and  no  recess  of  any  kind  shall  be  made  in  any  eight- 
inch  wall.  No  horizontal  recess  shall  be  made  in 
any  wall  exce])t  by  special  permit  of  the  engineer. 

376 


No  coiitiinious  vertical  recess  other  tliaii  flues 
and  stacks  shall  be  nearer  than  seven  feet  to  any 
otlier  recess. 

If  any  building  already  built,  or  which  may 
hereafter  be  built,  shall  be  enlarged,  raised  or  built 
upon,  it  shall  be  made  to  conform  to  the  require- 
ments of  this  chapter. 

No  wood  lintels  or  beams  of  over  six  feet  span 
shall  be  used  to  support  brick  or  masonry  walls  of 
over  eight  feet  in  height. 

No  brick  or  stone  wall  of  any  description  shall 
be  carried  on  wooden  pillars,  except  as  hereinafter 
allowed. 

All  brick  walls  shall  be  bonded  at  least  every 
sixth  course  throughout  the  thickness  of  such  wall. 

All  exposed  wood  trusses  shall  be  protected 
from  the  weather  by  approved  metal  covering  and 
made  water  tight. 

§740.  Foundations.  (Sec.  66)  The  table  for 
foundation  walls  is  intended  for  ordinary  conditions 
only.  Whenever  foundations  are  unusually  deep, 
or  serve  as  retaining  walls,  the  thickness  must  be 
proportionately  increased. 

Requisite  footing-courses  of  dimensions,  stone 
or  concrete,  are  to  be  ]>rovided  whenever  the  con- 
dition of  the  soil,  or  the  height  of  the  building  may 
demand  them.  And  in  all  cases  brick  foundations 
shall  be  started  on  such  footing-courses. 

No  foundation  walls  shall  be  laid  less  tlum  two 
feet  below  the  surface  of  the  ground. 

§741.  Wall  Anchors.  (Sec.  67)  The  front,  rear 
and  side  walls  shall  be  anchored  to  each  tier  of 
beams  at  intervals  of  not  more  than  six  feet  apart, 
with  suitable  wrought  iron  anchors. 

377 


§742.  Ashlar  Facing  Stone.  (Sec.  G8)  Exterior 
walls  faced  witli  stone  shall  have  a backing  of  not 
l(‘ss  than  eiglit  inches  of  liard  brickwork  laid  in 
mortar.  But  in  no  case  shall  the  thickness  of  stone 
and  l)a(‘king,  taken  together,  he  less  than  the  thick- 
ness for  a brick  wall  of  the  same  height. 

^riie  stone  facing  of  a wall  shall  always  be  se- 
(mrely  tied  to  the  brick  backing  by  means  of  metal 
(‘lamps. 

AVhen  stone-faced  walls  are  used  as  bearing 
walls,  they  shall  be  four  inches  thicker  than  required 
for  solid  brick  walls  under  the  same  conditions.  No 
ashlar  shall  be  less  than  four  inches  thick. 

§743.  Chimneys,  Pipes.  (Sec.  G9)  No  chimney 
or  smokeflue  shall  be  built  with  less  than  four-inch 
walls.  Flues  of  over  150  square  inches  area  shall 
have  not  less  than  eight-inch  walls,  all  interior 
joints  shall  be  struck  smooth,  or  inside  of  flue  plas- 
tered; outside  of  flue  being  plastered  from  the 
basement  to  the  roof  line.  No  chimney  above  a flat 
roof  shall  be  less  than  four  feet  above  the  roof. 

No  chimney  shall  be  started  or  built  upon  any 
wooden  flooi-,  beam  or  stud,  unless  fine  is  under 
tvrelve  feet  in  height,  and  in  no  case  where  the  breast 
of  the  chimney  shall  project  more  than  eight  inches 
shall  it  be  commenced  in  any  wall  or  supported  by 
(‘arbelling,  but  shall  be  started  from  the  story  below. 

Heart hs  and  fireplaces  or  grates  shall  be  laid 
ii])on  brick  or  stone  arches,  such  being  supported  on 
corrugated  iron  or  other  incombustible  material. 
Wooden  centers  must  be  removed.  The  back  of  all 
fireplaces  shall  be  not  less  than  eight  inches  thick. 

Pipes  used  for  the  distribution  of  hotair  in 
buildings,  from  hotair  furnaces,  shall  be  made  of 

37« 


I)rii>lit  till,  and  tlie  joints  shall  be  double-seanied 
blit  not  soldered.  All  risers  and  jiipes  between  joists 
shall  be  wrapiied  in  asbestos  paper,  or  other  ap- 
])roved  ineoinbnstible  material;  and  all  horizontal 
])i])es,  where  ])assing  throngdi  woodwork  within  five 
feet  of  fnrnaee,  shall  be  likewise  protected.  Snch 
pi})es  are  to  be  securely  fastened  to  the  partitions 
th rough  which  they  pass.  In  no  case  shall  any  tim- 
ber or  woodwork  be  built  into  the  brickwork  of  any 
chimney  or  smoke  fine. 

No  smokepipe  in  any  building,  with  wooden  or 
combustible  floors  or  ceilings,  shall  enter  any  fine 
unless  said  pipe  shall  be  at  least  twelve  inches  from 
either  the  floor  or  ceiling,  or  six  inches  from  the 
plastered  partition  and  from  the  woodwork  around 
flue  chimneys;  and  in  cases  where  smokepipes  pass 
through  stud  or  wooden  partitions  of  any  kind  or 
through  floors,  they  shall  be  guarded  by  a double 
metal  collar,  with  at  least  one  and  one-half-inch  air- 
space between  outer  and  inner  collar,  with  holes  for 
ventilation  between  and  extending  through  the  par- 
tition. 

Furnace  smokepipes  shall  be  not  less  than 
twelve  inches  from  all  wooden  joists  or  partitions, 
except  in  approved  fireproof  material,  in  which  case 
six  inches  from  woodwork  may  be  allowed. 

Tops  of  all  furnaces  shall  be  not  less  than  twelve 
inches  from  the  floor  joists  above,  and  shall  be  cov- 
ered with  two  inches  of  sand,  or  otherwise  protected. 

§744.  Steam  Boilers  and  Pipes.  (Sec.  70)  All 
steampipes  used  for  power  purposes,  passing  through 
woodwork,  shall  be  protected  by  iron  collars  with 
an  airspace  between.  All  steampipes  shall  be  sup 
ported  by  iron  jackets  or  hangers. 

§745.  Floors.  (Sec.  71)  All  floors  shall  be  con- 
379 


strncted  to  bear  superimposed  load  per  superficial 
foot  not  less  than  as  follows: 

Theaters  and  ballrooms,  100  pounds;  dwellings, 
10  ])ounds;  public  buildings,  75  pounds. 

For  buildings  used  for  manufacturing  purposes, 
or  storage  of  goods,  the  floors  shall  be  proportioned 
to  the  proposed  load. 

In  no  building  shall  any  woodwork  be  placed 
within  one  inch  of  the  outside  of  any  chimney  or 
wall  outside  of  any  flue. 

All  wooden  beams  or  other  timbers  in  the  party 
division  wall  of  every  building  hereafter  to  be  erect- 
ed or  built  of  stone,  brick  or  iron,  shall  be  separated 
from  the  beam  entering  the  opposite  side  of  the  wall 
by  solid  masonry  work  of  at  least  four  inches. 

The  ends  of  all  joists  in  the  brick  walls  shall  be 
so  bevelled  that  not  more  than  one  and  one-half 
inches  of  the  level  portion  of  the  top  of  such  joists 
shall  enter  into  the  brickwork;  all  joists  shall  rest 
at  least  four  inches  on  the  brickwork. 

The  sills  of  all  wooden  structures  which  are  set 
at  greater  height  than  one  story  above  the  grade, 
shall  be  anchored  to  the  masonry  below.  [Ord.  No. 
730,  Art.  2,  Chap.  14,  passed  Apr.  3,  1907.] 

§746.  Boundaries  of  Fire  Limits.  (Sec.  78)  All 
that  portion  of  the  city  within  the  following  de- 
scribed boundaries  shall  be  within  the  fire  limits  of 
said  city: 

Beginning  at  a point  on  Weber  street  where  the 
center  line  of  said  street  intersects  the  center  line  of 
Platte  avenue,  running  thence  .south  along  the  cen- 
ter line  of  Weber  street  to  the  center  line  of  Vermijo 
avenue;  thence  west  along  the  center  line  of  Vermijo 
avenue  and  ^"ermijo  avenue  extended,  to  the  center 

380 


line  of  Conejos  street;  thence  northerly  along-  the 
center  line  of  Conejos  street  to  the  center  line  of 
(hicharras  street;  thence  westerly  along  the  center 
line  of  Ciicharras  street  to  the  center  line  of  Monu- 
ment creek;  thence  northerly  following  the  center 
line  of  Monument  creek  to  the  center  line  of  Bijou 
street;  thence  easterly  along  the  center  line  of  Bijou 
street  to  the  center  line  of  Cascade  avenue;  thence 
northerly  along  the  center  line  of  Cascade_  avenue 
to  the  center  line  of  Platte  avenue;  thence  easterly 
along  the  center  line  of  Platte  avenue  to  the  center 
line  of  the  alley  between  Cascade  avenue  and  Tejon 
stret,  thence  northerly  along  the  center  line  of  said 
alley  to  the  center  line  of  Boulder  street;  thence 
easterly  along  the  center  line  of  Boulder  street  to 
the  center  line  of  Nevada  avenue;  thence  southerly 
along  the  center  line  of  Nevada  avenue  to  the  center 
line  of  Platte  avenue;  thence  easterly  along  the 
center  line  of  Platte  avenue  to  the  center  line  of 
Weber  street,  the  place  of  beginning. 

§747.  Regulations.  (Sec.  79)  No  building  shall 
be  erected  within  the  fire  limits  unless  the  structural 
part  of  the  walls  be  of  brick,  stone,  iron  or  other 
incombustible  material.  No  tent  shall  be  erected 
within  the  fire  limits.  Out-buildings  of  sixteen  feet 
in  length  by  eight  feet  in  width  by  ten  feet  in  height 
may  be  built,  but  such  building  must  be  at  least 
two  feet  from  other  buildings  and  one  foot  from 
lot  lines.  Such  buildings  may  be  built  of  brick  with 
walls  not  less  than  four  inches  thick  or  of  wood  and 
sheeted  with  iron,  but  fires  are  prohibited  in  all 
buildings  of  such  construction.  Every  interior  col- 
umn supporting  said  walls  must  be  fireproofed  by 
being  properly  incased  in  terra  cotta  or  other  fire- 
proof material. 

Every  outside  hollow  frame  wall  or  partition, 
381 


every  furred  partition  or  outside  furred  wall  of  any 
l)uildin^-,  more  than  one  story  in  height,  shall  be  pro- 
vided with  mortar  or  brick  and  mortar,  or  other 
suitable  hrestops,  at  every  story. 

Plastering  shall  be  carried  down  behind  all 
woodwork. 

The  roof  boards  of  every  building  hereafter 
erecetd  shall  in  no  case  be  extended  across  the  party 
walls  thereof,  and  every  roof  within  the  fire  limits 
shall  be  covered  with  slate,  tin,  copper,  iron,  pitch 
and  gravel,  or  other  incombustible  material. 

Front,  side  and  party  walls  in  all  brick  and 
stone  buildings  shall  be  carried  up  a^  least  two  feet 
above  the  roof  and  shall  be  capped  with  incombusti- 
ble material. 

Every  cornice,  except  on  isolated  buildings  used 
as  dwellings  only,  shall  be  of  brick,  iron,  or  other 
incombustible  material.  Where  not  of  solid  masonry, 
all  ])rick  or  stone  walls  shall  be  carried  up  behind 
cornices  or  roof  coverings. 

§748.  Elevators.  (Sec.  80)  No  person  shall  con- 
struct any  passenger  or  freight  elevator  in  any  build  - 
ing within  this  city  without  a permit  so  to  do.  Any 
])erson  desiring  such  permit  shall  file  with  the 
engineer,  plans  and  specifications  showing  the  char- 
acter and  description  of  the  elevator  proposed  to  be 
constructed.  The  engineer  shall  examine  such  plans 
and  specifications,  and  if  he  shall  find  that  the  con- 
struction proposed  is  safe  and  proper,  he  may  grant 
to  such  applicant  a permit  to  construct  such  ele- 
vator. It  shall  be  the  duty  of  the  engineer  to  (*aus(‘ 
a careful  inspection  to  be  made  of  all  passenger  and 
freight  elevators  in  this  city  as  often  as  once  in  six 
months  and  to  cause  to  be  filed  in  his  office  and  in 
the  office  of  the  clerk,  a certificate  showing  the  date 

382 


of  such  examination  and  the  actual  condition  at  the 
time  thereof  of  such  elevator.  Such  certilicate  shall 
he  sig-ned  hy  the  engineer  and  the  person  making  the 
examination.  Elevators  that  are  insured  by  any  re- 
liable elevator  insurance  company  and  carefully  in- 
spected by  a represent^ative  of  such  company  semi- 
annually, a copy  of  the  certificate  of  inspection  duly 
filed  with  the  engineer  and  city  clerk,  shall  be 
deemed  sufficient.  In  the  event,  however,  such  ele- 
vators are  not  insured,  the  engineer  shall  cause  said 
elevators  to  be  inspected  semi-annually,  and  a fee  of 
$5  shall  be  charged  for  such  inspection.  [Ord. 
No.  730,  Sec.  80,  passed  Apr.  3,  1907,  as  amended  by 
Ord.  No.  895,  passed  Feb.  19,  1913.] 

§749.  Repair  Frame  Building.  (Sec.  81)  No' 
person  shall  repair  any  frame  building  within  the 
fire  limits  of  this  city  when  such  building  shall  have 
been  damaged  by  the  elements,  decay  or  otherwise, 
to  the  extent  of  fifty  per  cent,  of  the  value  thereof. 

If  the  engineer  shall  determine  that  the  amount 
of  such  damage  to  any  building  is  fifty  per  cent,  or 
more  of  the  value  thereof,  then  his  determination 
shall  be  final,  unless  the  owner  thereof  shall  within 
five  days,  file  with  the  engineer  a request  for  the 
appointment  of  a board  of  arbitrators  to  determine 
such  damage.  If  the  engineer  shall  determine  that 
such  damage  is  less  than  fifty  per  cent.,  his  deter- 
mination shall  be  final  unless  a majority  of  the  own- 
ers of  property  within  100  feet  of  such  building, 
shall  within  five  days,  request  the  appointment  of  a 
board  of  arbitrators  to  determine  such  damage. 
Such  board  of  arbitrators  shall  consist  of  three  dis- 
interested competent  persons;  one  to  be  chosen  by 
the  engineer,  one  by  the  party  or  parties  filing  the 
request  for  such  arbitration  and  the  third  by  the  two 
thus  chosen.  Such  arbitrators  shall  be  sworn  to 

383 


make  a examination  of  the  daniaged  build- 

ing- and  shall  within  live  days  after  the  appointment, 
hie  with  the  engineer,  their  report  and  hndings  on 
the  mattei*  sulnnitted  to  them.  The  decision  of  the 
arbitrators  shall  l)e  final.  The  party  asking-  for  such 
arbitration,  shall  upon  filing  such  recpiest,  deposit 
with  the  engineer  such  amount  as  the  engineer  shall 
determine  will  cover  the  costs  and  expenses  of  such 
arbitration.  [Ord.  No.  730,  Art.  5,  Chap.  1-1,  ])assed 
Apr.  3,  1907.] 

§750.  Public  Halls.  Safety  Appliances.  (Sec. 
82)  The  halls,  doors,  stairways,  seats  and 

aisles  of  all  buildings  within  this  city  used 
or  intended  to  be  used  for  the  purpose  of  public 
amusement,  instruction,  or  other  purposes  within 
which  large  numbers  of  people  assemble,  shall 
be  arranged  as  provided  by  law  so  as  to  facil- 
itate egress  in  case  of  fire  or  accident  and  to 
afford  the  requisite  and  proper  protection  in  such 
cases.  All  doors  of  exit  leading  from  any  assembly 
room,  apartment  house,  department  store,  office  or 
other  building-  which  is  used  by  large  numbers  of 
people,  shall  be  so  hinged  as  to  open  outward  from 
such  room,  hall,  house  or  building.  Every  person 
owning  or  operating-  any  such  room  or  building  as  a 
theater,  opera  house,  concert  hall,  music  hall,  public 
school  or  church,  or  for  otherjike  public  assemblage, 
shall  during  the  whole  of  every  exhibition,  perform- 
ance or  assemblage  therein,  cause  all  the  doors 
thereof  to  be  left  unfastened  or  latched  or  barred 
upon  the  inner  side  only,  so  that  the  same  may  be 
readily  and  speedily  opened  from  the  inner  side,  ’ 
and  shall  cause  all  the  stairways,  passageways,  cor- 
ridors and  aisles  leading  to  every  such  door  to  be 
kept  open  and  free  from  persons  seated  or  standing 
therein  and  from  other  obstruction.  The  arrange- 
ment of  passageways,  corridors,  exits,  seats,  aisles, 

384 


l)roseeiiium  arch,  lire  curtains,  stage  appliances,  ven- 
tilators over  stage,  stage  water  jets,  standpipes,  lire 
appliances  and  all  other  necessary  equipment  for 
theaters  shall  be  made  to  comply  with  the  National 
hoard  of  tire  underwriters’  rules. 

§751.  Fire  Escapes.  (Sec.  83)  The  owner  of 
any  building  used  as  a hotel,  hall  or  place  of  amuse- 
ment, store  or  office  building  which  may  have  floors 
thirty  feet  or  more  above  the  ground,  shall  provide 
proper  and  safe  iron  fire  escapes  for  such  building 
and  the  engineer  may  designate  the  position  of  such 
fire  escapes. 

Livery  or  boarding  stables  where  horses  are 
kept  upon  any  other  than  the  ground  floor  shall  pro- 
vide at  least  two  proper  and  sufficient  runways  from 
any  such  floor,  and  such  runways  shall  be  in  such 
location  as  the  engineer  shall  designate. 

§752.  Penalty.  (Sec.  84)  Any  person  violating 
any  of  the  provisions  of  this  article  or  disobeying 
any  written  order  of  the  engineer  in  accordance 
thereto,  shall  be  fined  not  less  than  five  nor  more 
than  two  hundred  dollars  for  each  offense.  [Ord. 
No.  730,  Art.  6,  Chap.  14,  passed  Apr.  3,  1907.1 

§753.  Building  Line  in  Residence  Districts, 
Defined.  (Sec.  1)  A ^‘building  line”  as  used  in  this 
ordinance  shall  be  considered  to  mean  a line  a certain 
distance  inside  the  property  line  running  parallel 
with  the  street  on  which  the  property  abuts  on  any 
side  of  a block  in  the  city,  to  be  established  in  the 
residence  districts  of  the  city  for  the  purpose  of 
securing  uniformity  in  the  distance  from  the  street 
line  in  which  buildings  shall  be  erected  in  the  sev- 
eral blocks  in  said  districts. 

§754.  How  Established.  (Sec.  2)  It  shall  be 
the  duty  of  the  city  engineer  to  establish  a building 

385 


line  in  any  block  outside  the  fire  limits  when  a peti- 
tion for  the  same  is  presented  to  him,  subscribed  by 
the  owners  of  a majority  of  the  frontage  on  any 
street  in  any  block,  designating  the  distance  from  the 
street  inside  the  property  line  where  such  building 
line  is  to  be  established;  provided,  that  such  build- 
ing line  shall  not  be  established  a greater  distance 
from  the  street  than  the  majority  of  the  buildings 
facing  on  said  street  in  said  block. 

It  shall  be  unlawful  for  any  person,  firm,  or 
corporation,  without  first  having  a permit  author- 
ized by  the  council,  to  erect  or  place,  or  cause  to  be 
erected  or  placed,  any  building  or  structure  nearer 
the  street  in  any  block  than  the  building  line  when 
such  line  has  been  established  as  provided  in  this  or- 
dinance. 

§755.  Penalty.  (Sec.  3)  Any  person,  firm  or 
corporation  violating  any  of  the  provisions  of  this 
ordinance  shall,  on  conviction,  be  fined  in  any  sum 
not  exceeding  three  hundred  dollars.  Every  day 
that  work  is  done  on  any  building  or  structure  being 
built,  erected  or  placed  in  violation  of  this  ordi- 
nance, shall  be  held  a separate  offense  and  shall  be 
punished  accordingly.  [Ord.  No.  794,  passed  Feb. 
23,  1910.] 

§756.  Livery  Stables,  Etc.  Location.  (Sec.  1) 
That  no  livery  stable,  boarding  or  sale  stable  or 
blacksmith  shop  shall  hereafter  be  established,  lo- 
cated or  constructed  in  any  portion  of  the  city  of 
Colorado  Springs  outside  of  the  fire  limits  of  said 
city  as  now  existing,  to-wit:  Commencing  at  a point 
on  Weber  street  where  the  center  line  of  said  street 
intersects  the  center  line  of  Platte  avenue,  running 
thence  south  along  the  center  line  of  Weber  street  to 
a point  where  such  center  line  intersects  the  center 
line  of  Vermijo  street,  thence  west  along  the  center 

386 


line  of  X'ermijo  street  to  a point  where  said  center 
line  intersects  with  the  center  line  of  Conejos  street; 
thence  northerly  alon^'  the  center  line  of  Conejos 
street  and  along  such  center  line  produced  to  the 
center  line  of  the  alley  which  runs  east  and  west 
through  the  center  line  of  block  25  in  Parrish’s  ad- 
dition to  the  city  of  Colorado  Springs;  thence  run- 
ning east  to  the  center  line  of  Cascade  avenue; 
thence  running  north  along  the  center  line  of  Cas- 
cade avenue  to  the  point  where  such  avenue  inter- 
sects the  center  line  of  Platte  avenue ; thence  run- 
ning east  along  the  center  line  of  Platte  avenue  to 
the  center  line  of  Weber  street,  the  place  of  begin- 
ning; provided  however,  that  such  livery  stables, 
hoarding 'or  sale  stables  or  blacksmith  shops  may  be 
located  or  constructed  beyond  said  fire  limits  pro- 
vided the  same  are  located  and  constructed  on  alleys 
and  so  located  and  constructed  that  no  part  thereof 
shall  be  within  one  hundred  feet  of  any  street  or 
avenue  in  said  city.  [Ord.  No.  614,  passed  July  7, 

1902,  'as  amended  by  Ord.  No.  663,  passed  Dec.  21, 

1903. ] 

§757.  Stables.  Blacksmith  Shops.  Vehicles 
Not  to  Stand  on  Walks,  Etc.  (Sec.  2)  That  no  vehi- 
cle or  vehicles  of  any  kind  or  character  and  no  horse 
or  horses  used  in  connection  with  any  livery  stable, 
boarding  or  sale  stable,  blacksmith  shop  or  any 
other  place  where  vehicles  are  built  or  repaired,  and 
not  in  actual  service,  shall  be  by  the  proprietor  of 
such  livery  stable,  boarding  or  sale  stable,  black- 
smith shop  or  other  place  where  vehicles  are  built 
or  repaired,  or  any  one  connected  therewith,  placed 
or  allowed  to  stand  on  the  streets,  alleys  or  side- 
walks of  said  city  adjacent  to  said  livery  stable, 
boarding  or  sale  stable,  blacksmith  shop  or  any 
other  place  where  vehicles  are  built  or  repaired; 
nor  shall  any  such  vehicle  or  vehicles  be  cleaned, 

387 


washed  or  repaired  upon  said  streets,  alleys  or  side- 
walks. 

§758.  Stable.  Nuisance.  (Sec.  3)  Every  livery, 
hoarding*  or  sale  stable  which  is  or  shall  be  noisome, 
foul  or  ohensive  shall  be  deemed  a nuisance  and 
shall  be  abated. 

§759.  Violations.  Penalties.  (Sec.  4)  Any 
])erson  violating  any  of  the  provisions  of  sections 
one  and  two  of  this  ordinance  shall,  upon  conviction 
thereof,  be  punished  by  a fine  not  less  than  ten  dol- 
lars and  not  more  than  two  hundred  and  fifty  dollars 
for  each  offense;  and  each  day’s  violation  of  the 
])rovisions  of  section  one  of  this  ordinance  shall  be 
and  construed  to  be  a separate  and  distinct  offense 
and  subject  the  offender  to  the  punishment  as  above 
provided;  and  conviction  or  acquittal  upon  the 
charge  of  violation  of  said  section  on  one  day  shall 
not  constitute  a bar  to  a prosecution  for  violation 
of  said  section  on  another  day. 

§760.  Permits.  When  Not  to  Issue.  (Sec.  5) 
The  building  inspector  of  said  city  or  other  person 
charged  with  the  duty  of  issuing  permits  or  licenses 
for  the  erection,-  alteration  or  extension  of  buildings 
shall  have  no  power,  and  he  shall  refuse,  to  issue 
permits  or  licenses  for  the  erection,  alteration  or 
extension  of  buildings  intended  to  be  used  in  viola- 
tion of  the  provisions  hereof.  [Ord.  No.  614,  passed 
July  7,  1902.] 

§761.  Garage.  Location.  Permit  For.  (Sec. 
1)  That  no  person,  firm  or  corporation  shall  main- 
tain, establish,  locate  or  construct  any  public  garage 
or  other  place  where  automobiles  are  kept  for  hire, 
repair  or  storage,  except  for  private  use,  in  any  por- 
tion of  the  city  of  Colorado  Springs  outside  of  the 
fire  limits  of  said  city  without  first  obtaining  a per- 

388 


mit  so  to  do  from  the  city  engineer,  and  that  said 
engineer  shall  not  grant  such  permit  without  he  is 
duly  authorized  to  do  so  by  the  city  council.  The 
city  council  shall  have  full  authority  to  grant  or  re- 
fuse to  grant  such  permit  and  to  take  such  other 
action  on  any  application  for  such  permit  as  it  con- 
siders necessary  for  the  safety  and  welfare  of  the 
public. 

§762.  Penalties.  (Sec.  2)  Any  person  violating 
any  of  the  provisions  of  this  ordinance  shall,  upon 
conviction  thereof,  be  punished  by  a fine  of  not  less 
than  ten  dollars  ($10)  and  not  more  than  one  hun- 
dred dollars  ($100)  for  each  offense  and  each  day’s 
violation  of  any  of  the  provisions  of  this  ordinance 
shall  be  construed  to  be  a separate  and  distinct  of- 
fense, and  subject  the  offender  to  the  punishment 
as  above  provided  for.  Conviction  or  acquittal 
upon  a charge  of  violation  of  this  ordinance  on  one 
day  shall  not  constitute  a bar  to  a prosecution  for 
its  violation  on  another  day.  [Ord.  No.  815,  passed 
July  13,  1910.] 

§763.  Location  of  Armories.  (Sec.  43)  No  per- 
son shall  locate,  construct  or  maintain  an  armory 
within  this  city  without  first  having  obtained  the 
written  consent  of  the  owners  of  a majority  of  ^ the 
lots  in  the  block  within  which  such  armory  is  to  be 
located,  that  the  same  may  be  located  within  such 
block.  Any  person  desiring  to  locate,  construct  and 
maintain  such  armory,  shall  file  his  written  applica- 
tion for  permission  so  to  do,  with  the  clerk,  to  which 
application  there  shall  be  attached  the  written  con- 
sent of  said  lot  owners  as  herein  required.  Upon 
so  doing,  the  council  may  grant  such  applicant  per- 
mission to  locate,  construct  and  maintain  such 
armory. 

§764.  Penalty.  (Sec.  44)  Any  person  violating 
389 


any  of  tlio  provisions  of  this  chapter  shall  be  fined 
Jiot  less  than  ten  nor  more  than  fifty  dollars  for  each 
ofl'ense  and  each  day’s  violation  shall  be  a separate 
and  distinct  olfense.  [Ord.  No.  730,  passed  April  3, 
]907.] 


ARTICLE  4. 

OF  CONTRACTS  FOR  PUBLIC  IMPRO\E- 
MENTS,  AND  ASSESSMENT  OP  COST 
THEREOF. 

§765.  Contract.  How  Made.  (Sec.  1)  The  city 
council  shall  have  power  to  contract  for  and  make 
local  improvements,  and  to  assess  the  cost  thereof, 
wholly  or  in  part,  upon  the  property  especially  bene- 
fitted,  as  hereinafter  provided.  All  contracts  for 
public  improvements  shall  be  awarded  by  the  coun- 
cil upon  the  recommendation  of  the  commissioner  of 
l)ublic  works  and  property,  and  the  improvements 
shall  be  constructed  by  and  under  the  direction  of 
said  commissioner,  in  accordance  with  the  specifica- 
tions prescribed  by  the  council. 

In  all  cases  where  the  cost  of  local  improve- 
ments is  to  be  assessed  wholly  or  in  part  upon  the 
property  benefitted,  the  same  shall  be  constructed 
by  independent  contract  or  contracts;  but  other 
•pul)lic  improvements  may  be  constructed  by  day 
labor  under  the  direction  of  said  commissioner. 

§766.  Local  Improvements  To  Be  Authorized 
by  Ordinance.  (Sec.  2)  Whenever  the  council  shall, 
by  resolution,  order  any  of  the  local  improvements 
herein  mentioned,  the  same  shall  be  authorized  by 
ordinance. 


390 


§767.  Paving’.  Definition.  Grading,  Etc.  How 
Ordered.  (Her.  »])  All  ])ro(‘eediiigs  to  improve 
streets,  alleys  and  ])nblic  liigliways  and  ])arts  there- 
of, within  the  city  by  paving  (the  term  paving 
wherever  used  in  this  ordinance  shall  inclnde  re- 
paving, macadamizing  and  remacadamizing),  grad- 
ing, curbing,  guttering,  surfacing  with  suitable 
material,  the  construction  and  reconstruction  of 
sidewalks  upon  and  otherwise  improving  of,  the 
whole  or  any  ])art  or  parts  of  any  street  or  streets, 
alley  or  alleys,  or  streets  and  alleys,  in  the  city;  or 
any  combination  of  said  improvements,  including 
necessary  grades,  crosswalks,  curbs,  drains,  read- 
justing manholes,  catchbasins,  and  such  other  inci- 
dentals, including  the  incidental  storm  sewers  in 
case  of  paving,  as  the  council  may  ])rescribe,  shall 
be  begun  by  the  adoption  by  the  council  of  a resolu- 
tion which  shall  state  the  nature  of  the  improvement 
to  be  made  (without  mentioning  minor  details  or  in- 
cidentals), and  prescribe  the  district  to  be  improved 
(by  boundaries  or  other  brief  description),  and  di- 
rect the  city  engineer  to  prepare  and  ])resent  to  the 
council  specifications  for  such  improvement  and  to 
make  an  estimate  of  the  total  cost  thereof,  exclusive 
of  the  percentum  for  cost  of  collection  and  other 
incidentals,  and  of  interest  to  the  time  the  first  in- 
stallment comes  due  and  a ma])  of  the  district  to  be 
assessed,  from  which. map  the  approximate  share  of 
said  total  cost  that  will  be  assessed  upon  each  piece 
of  real  estate  in  the  district  may  be  readily  ascer- 
tained; and  no  contract  shall  be  let  for  any  amount 
exceeding  the  total  estimate  of  the  engineer. 

The  council  shall  by  resolution  ado]h  the  spec- 
ifications of  the  city  engineer  for  the  proposed  im- 
provement when  the  same  are  satisfactory  to  it,  and 
shall  thereupon  pass  a resolution  ])rescribing  the 
extent  of  the  district  to  be  assessed  (by  boundaries 

391 


or  other  l)rief  description),  the  kind  of  improvement 
])ro})osed  (without  mentioning  minor  details),  the 
number  of  installments  and  the  time  in  which  the 
cost  of  the  improvement  will  be  payable,  the  proh 
able  cost  as  shown  by  the  total  estimate  of  the  en- 
gineer, the  maximum  share  of  said  total  estimate 
per  front  foot,  where  the  assessment  is  made  per 
front  foot,  or  per  square  foot  or  ordinary  lot  of 
twenty-five  by  one  hundred  and  ninety  feet,  where 
the  assessment  is  made  according  to  that  area,  that 
will  he  assessed  upon  any  lot  or  lands  in  the  district 
(and  in  case  the  assessment  shall  be  made  otherwise 
than  per  front  foot  or  square  foot,  the  said  maxi- 
mum share  to  be  assessed  upon  any  lot  or  lands  in 
the  district  or  to  any  persons  shall  be  stated  accord- 
ing to  the  method  of  assessment  adopted  in  the  dis- 
trict), and  ordering  that  said  improvement  he  made 
when  the  same  has  been  authorized  by  ordinance, 
and  fixing  a day  upon  which  a hearing  in  respect  to 
such  improvement  shall  he  had,  which  day  shall  he 
within  thirty  days  after  the  adoption  of  said  resolu- 
tion. 

After  the  adoption  of  said  resolution  the  coun- 
cil shall  cause  to  be  published  for  ten  days  in  a daily 
newspaper  of  general  circulation  in  the  city,  a notice 
directed  to  the  property  owners  interested  in  the 
improvement  without  naming  them,  which  notice 
shall  recite  the  substance  of  the  said  resolution,  and 
notify  said  ])roperty  owners  that  a hearing  will  be 
had  by  the  council  concerning  the  proposed  improve- 
ment and  the  date  upon  which  the  hearing  will  be 
had. 

On  the  date  fixed  for  such  hearing  any  and  all 
pro])erty  owners  interested  in  such  improvement 
may,  by  written  petition,  or  otherwise  present  their 
views  in  respect  ta  the  proposed  improvement  to 
the  council,  and  the  council  may  adjourn  hearing 

392 


from  time  to  time.  After  sucli  hearing-,  if  the  coun- 
cil shall  determine  that  it  is  not  for  the  ])ublic  inter- 
est that  the  proposed  improvement,  or  a part  thereof, 
be  made  and  paid  for,  either  out  of  the  g-eneral  fund 
or  by  any  method  of  assessment,  they  shall  make 
an  order  to  that  effect  and  thereupon  the  proceeding 
for  the  improvement,  or  the  part  thereof  determined 
against  by  such  order,  shall  stop  and  shall  not  be 
begun  again  until  the  adoption  of  a new  resolution. 

In  case  the  improvement,  or  a part  thereof,  con- 
sists of  paving  the  roadway  of  a street,  avenue,  or 
part  thereof,  which  shall  not  have  been  found  and 
declared  to  be  used  and  occupied  for  business  pur- 
poses, as  hereinafter  specified,  and  the  resident  own- 
ers of  the  city  owning  a majority  of  the  front  feet 
on  all  of  the  lands  belonging  to  such  resident  and 
fronting  on  the  street,  avenue,  or  part  thereof,  to 
be  paved,  shall  file  with  the  council  on  or  before  the 
day  fixed  for  such  hearing  a remonstrance  against 
such  paving,  the  authority  of  the  council  to  make 
the  improvement  shall  cease  for  the  period  of  six 
months  from  the  date  of  the  filing  of  such  remon- 
strance, after  the  lapse  of  which  period  the  proceed- 
ing may  be  begun  by  the  adoption  of  a new  resolu- 
tion; provided,  that  the  construction  of  sidewalks 
and  sewers  shall  not  be  subject  to  remonstrance. 

In  case  the  proposed  improvement  or  part  there- 
of consists  of  paving  as  aforesaid,  the  said  improve- 
ment may  be  authorized  and  made  regardless  of  any 
protest  or  remonstrance  when  the  council  shall,  by 
resolution,  find  and  declare  by  a vote  of  four  mem- 
bers, that  the  street,  avenue,  alley,  public  highway, 
or  part  thereof,  upon  which  the  proposed  improve- 
ment IS  to  be  made  is  used  or  occupied  for  business 
purposes,  and  that  the  interest  of  the  general  public 
requires  the  making  of  said  improvement,  or  any 


393 


I)ai1  llicM'oof.  SiK'li  finding-  and  declaration  of  the 
(H)iineil  shall  he  final  and  eonelusive  for  all  purposes 
in  evei-y  ('onrt  or  other  tri])iinal. 

Hereafter  [after]  the  expiration  of  the  period 
during  whi(‘h  an  improvement  may  be  arrested,  as 
aforesaid,  a proceeding  may  l)e  begun  and  carried 
foi'ward  for  the  improvement  so  determined  against 
or  remonstrated  against  as  though  no  former  pro- 
ceedings had  been  begun.  If  no  such  determination 
against  the  imi^rovement  is  made,  or  if  only  a part 
of  the  proposed  improvement  is  determined  against 
by  the  council,  the  council  may  pass  an  ordinance 
})roviding  for  and  authorizing  the  proposed  im- 
provement or  the  part  thereof  not  determined 
against  and  that  a contract  be  made  for  said  im- 
provement Avith  the  loAvest  reliable  and  responsible 
bidder. 

No  substantial  change  in  the  district,  map,  de- 
tails, specifications  or  estimate  shall  be  made  by  the 
council  after.the  lirst  publication  of  the  notice  to  the 
])i*operty  owners. 

In  all  cases  of  paving  the  specifications  and 
contracts  shall  provide  that  bidders  shall  guarantee 
that  the  ])aving  shall  remain  in  good  order  and  re- 
])air  for  a ])eriod  of  five  years,  and  to  make  all  nec- 
essary re])airs  during  such,  period  Avithout  further 
compensation;  provided,  that  in  case  of  macadam- 
izing, the  guaranty  shall  after  two  years  extend 
only  to  the  maintaining  of  a perfect  grade,  surfac- 
ing and  foundation,  and  not  to  any  diminution  of 
the  thicknes  of  the  original  ])avement  by  Avear  and 
tear;  in  case  of  cement,  concrete  curb,  gutter  or 
sideAvalk,  the  specifications  and  contracts  shall  pro- 
vide for  a guaranty  of  two  years;  and  the  council 
may  provide  for  a guaranty  for  a reasonable  time, 
not  to  exceed  two  years,  of  all  other  Avork. 

. 394 


If  at  the  time  of  the  passage  of  the  ordinance 
anthorizing-  tlie  improvements  for  any  district,  any 
piece  of  real  estate  in  the  district  has  the  whole  or 
any  ])art  of  the  proposed  improvements  conforming 
or  approximately  conforming  to  the  general  plan, 
the  council  may  adopt  the  same  in  whole  or  in  part, 
or  make  the  necessary  changes  to  make  the  same 
(‘onforni  to  the  general  plan,  and  the  owner  of  such 
real  estate  shall,  when  the  assessment  is  made,  be 
credited  with  the  amount  which  is  saved  by  reason 
of  adopting  or  adapting  such  existing  improvements. 

The  finding  of  the  council  by  ordinance,  that 
any  improvements  provided  for  in  this  article  were 
duly  ordered  after  notice  duly  given,  or  that  a peti- 
tion or  remonstrance,  was  or  was  not  tiled,  or  was 
or  was  not  duly  subscribed  and  acknowledged  by 
the  required  number  of  owners  or  that  the  ‘street, 
avenue,  alley  or  public  highway  was  used  for  busi- 
ness purposes,  as  in  this  article  provided  shall  be 
conclusive  in  every  court  or  other  tribunal. 

§768.  Assessment  of  Cost.  How  Apportioned. 

(Sec.  4)  In  case  of  the  improvement  of  any  street, 
as  hereinbefore  provided,  except  as  otherwise  pro- 
vided in  this  ordinance,  the  cost  of  the  improvement, 
except  in  the  intersection  of  the  streets  and  alleys, 
and  except  the  share  to  be  paid  by  street  or  other 
railway  companies,  shall  be  assessed  upon  all  the 
lots  and  lands  abutting  on  the  streets  improved,  in 
proportion  as  the  frontage  of  each  lot  or  tract  of  land 
is  to  the  frontage  of  all  the  lots  and  lands  so  im- 
proved, the  sides  of  corner  lots,  which  sides  abut  on 
the  streets  so  improved,  being  regarded  as  frontage; 
provided,  that  where  the  lots  or  lands  abutting  on 
the  street  improved  are  not  of  substantially  equal 
depth,  or  where  any  such  lots  or  lands  are  less  than 
one  hundred  and  ninety  feet  in  depth,  then  if  the 

395 


council  so  determine,  the  real  estate  abutting’  on  the 
sti-eet  improved  may  he  assessed  to  a substantially 
equal  depth,  not  less  than  twenty  nor  more  than  one 
hundred  and  ninety  feet  from  the  street  improved, 
without  regard  to  lot  or  land  lines,  as  the  council 
may  determine;  and  in  all  such  cases  tlie  council 
may  divide  the  depth  of  the  real  estate  so  to  be  as- 
sessed into  from  two  to  six  zones,  parallel  with  the 
street  improved  and  apportion  the  amount  to  be  paid 
for  the  entire  depth  to  the  different  zones,  in  pro- 
])ortion  to  the  benefits  received  by  each  zone,  and 
whenever  a lot  or  land  line  lies  within  such  zone, 
the  council  may  determine  the  proportion  to  he  paid 
upon  the  real  esttae  lying  on  each  side  of  such  line 
within  the  zone;  provided,  that  in  improvement 
districts  for  the  combined  grading,  curbing,  gutter- 
ing and  surfacing  (and  any  other  improvements 
mentioned  in  section  3 hereof,  which  may  be  in- 
cluded), of  any  street  which  constitutes  or  is  suita- 
ble for  a general  thoroughfare  or  boulevard,  the 
whole  or  any  ])art  of  the  cost  of  either  grading  or 
surfacing,  or  both,  may  be  paid  for  by  the  city  out 
of  the  general  revenue,  as  may  he  provided  by  ordi- 
nance, and  the  remainder  of  the  total  cost  of  such 
combined  improvements  shall  be  assessed  and  paid 
for  as  in  other  cases  of  grading,  curbing,  guttering 
and  surfacing. 

§769.  Railway  Companies  Subject  to  Taxation 
for  Improvements.  (Sec.  5)  Whenever  any  grading 
or  paving  district  shall  he  created  under  this  ordi  - 
nance, the  council  shall  include  in  the  area  to  he 
paved  or  graded  the  entire  width  of  street  from  curb 
to  curl),  including  the  portion  of  said  street  or  streets 
occupied  by,  or  recpiired  by  franchise  obligation  to 
he  paved  by  or  chargable  or  assessable  to  any  street 
or  other  railway  company  whose  tracks  run  through 
or  across  any  street  or  streets  in  said  district,  and 
shall  charge  to,  assess  and  collect  the  proper  propor- 

39^^ 


tioii  as  hereinafter  provided,  of  the  cost  of  the  said 
improvement  from  such  street  or  railway  company 
or  companies,  in  the  same  manner  as  is  herein  pro- 
vided for  in  case  of  abutting  property,  and  shall 
issue  bonds  or  warrants  for  the  same,  which  ])onds 
and  warrants  shall  be  issued  and  made  payable  in 
like  manner  as  bonds  and  warrants  issued  for  the 
improvement  to  be  assessed  against  the  real  estate 
especially  benefited.  And  in  the  meaning  of  this 
section,  in  the  absence  of  a franchise  obligation  to 
grade  or  pave,  a street  or  railway  company  shall  be 
held  to  occupy  and  shall  be  liable  for  the  grading 
and  paving  of  that  part  of  the  street  lying  between 
the  rails  of  each  track  and  two  feet  outside  of  each 
rail,  and  every  railway  company,  whether  street  rail- 
way or  otherwise,  shall  be  assessed  for  the  cost  of 
the  paving  and  grading  of  any  part  or  parts  of  any 
street  or  alley  occupied  by  or  required  by  franchise 
obligation  to  be  paid  by  them,  and  the  assessment 
levied  for  the  cost  of  said  improvements  chargeable 
to  a railway  company  shall  be  a first  and  prior  lien 
against  the  entire  franchise  and  property  of  the  com- 
pany within  said  district ; and  also  without  said  dis- 
trict, but  within  the  limits  of  the  city  where  such  im- 
provement is  made,  subject  only  to  general  taxes; 
and  all  the  terms,  conditions  and  provisions  in  this 
ordinance  contained,  -relative  to  the  collection  of  the 
amounts  chargeable  against  assessable  frontage  shall 
be  applicable  in  the  enforcement  and  collection  of 
such  assessment  against  such  railway  company,  and 
the  property  of  such  railway  company  shall,  in 
case  of  default  in  payment  of  such  assessment, 
])e  sold  as  in  cases  of  default  in  payment  of  general 
taxes  levied  thereon;  but  railway  trackage  shall  not 
be  considered  or  computed  as  assessable  frontage,  in 
determining  the  sufficiency  of  petitions  or  remon- 
strances as  herein  provided. 


397 


§770.  Intersections.  How  Cost  Apportioned. 

(See.  ())  111  case  of  the  improvement  of  any  street, 
except  as  otherwise  ])rovided  herein,  the  cost  of  the 
im])rovenients  in  sncJi  street  intersection,  except  the 
share  to  he  paid  by  street  or  other  railway  compa- 
nies, shall  be  assessed  upon  all  the  frontage  on  the 
street  ini])roved,  and  on  the  intersecting  streets 
within  a distance  of  one-half  block  in  each  direction 
from  such  intersection,  in  proportion  to  the  frontage 
of  each  piece  of  real  estate  on  the  street  improved 
or  on  any  intersecting  street,  or  on  both,  within  said 
distance;  the  cost  of  each  alley  intersection  shall  be 
assessed  upon  all  the  real  estate  in  the  same  block 
in  })roportion  to  the  frontage  on  the  street  improved. 

§771.  Assessments  Made  on  City,  County, 
School  District,  and  Other  Public  Property.  (Sec. 
7)  When  the  city,  county,  school  district,  or  any 
otlier  ])nblic  or  qnasi-pnblic  corporation,  shall  own 
any  tract  of  land,  or  hold  the  title  to  any  land  not 
used  as  a street,  avenue,  boulevard,  alley  or  public 
highway,  which  if  owned  by  a private  person  would 
be  liable  to  assessment  for  benefits  to  pay  for  any 
])nblic  improvement  mentioned  in  this  ordinance, 
an  assessment  shall  be  made  against  such  land  as 
though  such  land  were  the  property  of  a private 
person,  and  the  city,  county,  school  district,  or  other 
public  or  quasi-public  corporation  shall  pay  the 
amount  of  that  assessment.  If  said  assessment  is 
not  paid  within  thirty  days  after  the  final  publica 
tion  of  the  assessing  ordinance  suit  may  be  brought 
in  the  district  court  to  enforce  the  collection  of  such 
assessment  and  the  judgment  rendered  against  the 
city,  county,  school  district,  or  other  public  or  quasi - 
jmblic  corporation  shall  be  enforced  as  other  judg- 
ments against  the  city,  county,  school  district,  or 
other  public  or  quasi-public  corporations,  but  no 
such  land  of  the  city,  county  or  school  district  shall 
be  sold  under  any  such  judgment. 

398 


§772.  Alley  Paving.  Not  Subject  to  Remon- 
strance. (Sec.  8)  The  x)aving  of  an  alley  or  alleys 
(‘onnecting  with  any  ])aved  street,  when  ordered  by 
the  conncil,  shall  not  be  subject  to  remonstrance,  but 
owners  of  the  frontage  to  be  assessed  shall  have  the 
right  to  x)resent  objections  to  such  paving  as  herein 
provided. 

§773.  Irregular  Shapes.  How  Cost  Assessed. 

(Sec.  9)  When  any  real  estate  is  “Y’’  shaped  or  of 
any  irregular  form,  the  council  may,  upon  the  rec- 
ommendation of  the  city  engineer,  make  such  allow- 
ance in  the  assessment  thereon  as  to  them  may  seem 
equitable  or  just,  or  may  refuse  to  make  any  allow- 
ance; and  in  case  of  any  unusual  area  or  proportion 
of  intersections  the  council  may  order,  not  to  exceed 
one-half  of  the  cost  of  such  intersections,  to  be  paid 
by  the  city,  and  the  remainder  only  shall  in  such  case 
be  assessed. 

§774.  Definition  of  Terms.  (Sec.  10)  The  term 
‘ ‘ street  ’ ’ as  used  in  this  ordinance  shall  include  ave- 
nues, boulevards  and  other  highways;  the  term 
‘‘real  estate^’  shall  be  held  to  mean  all  lands  whether 
platted,  or  unplatted,  regardless  of  lot  or  land  lines. 
Lots,  plots,  blocks  and  other  subdivisions  may  be 
designated  in  accordance  with  any  recorded  plat 
thereof,  and  unplatted  lands  by  definite  description. 

§775.  Sidewalks  Include  Grading.  Owner  Con- 
struct Walks.  Conditions.  (Sec.  11)  In  districts  for 
the  construction  and  reconstruction  of  sidewalks 
alone,  or  in  combination  with  other  improvements, 
the  work  shall  include  the  necessary  grading  from 
curb  line  to  lot  line.  The  owner  shall  have  the  right 
to  construct  or  reconstruct  his  own  walks,  in  con- 
formity with  the  plans  and  specifications  for  the 
district,  within  thirty  days  from  the  publication  of 
the  ordinance  authorizing  the  improvement,  upon 

399 


the  (lei)osit  with  the  treasurer  of  the  city  of  the  ap- 
})i*oximate  pro  rata  share  of  the  total  cost  of  the  dis- 
trict, excepting  construction,  reconstruction  and 
grading,  to  he  fixed  by  the  council  and  when  such 
(‘ost  is  definitely  ascertained  the  excess  deposit  shall 
he  returned.  And  whenever  sidewalks  are  ordered, 
in  combination  with  improvements  other  than  grad- 
ing sidewalk  areas,  a separate  contract  may  be  let 
for  the  construction  and  reconstruction  of  the  side- 
walks, exclusive  of  the  necessary  grading. 

§776.  Cost  of  Construction.  How  Apportioned. 

(Sec.  12)  The  whole  cost  of  construction  and  recon- 
struction, including  intersections  and  necessary 
grading  and  removal  of  obstructions,  shall  be  as- 
sessed upon  the  lots  or  lands  in  front  of  which  such 
improvements  are  made,  as  follows:  The  grading, 

removal  of  obstructions,  intersections  and  all  other 
general  expenses,  including  cost  of  collection  and 
interest,  j3ro  rata  per  front  foot;  new  walks  pro 
rata  per  front  foot  where  constructed;  and  recon- 
structed walks  upon  each  lot  or  piece  of  land  where 
reconstructed  according  to  the  cost  of  reconstruc- 
tion. 

§777.  Sidewalks  Other  Than  in  Sidewalk  Dis- 
tricts. (Sec.  13)  The  council  may  order  the  construc- 
tion or  reconstruction  of  sidewalks  other  than  in  dis- 
tricts, whenever  in  the  opinion  of  the  council  it  shall 
be  proper,  because  sufficient  sidewalks  have  been 
laid  in  the  vicinity,  to  make  it  reasonable  that  inter- 
vening sidewalk  areas  should  be  provided  with  side- 
walks, or  existing  sidewalks  shall  be  reconstructed; 
in  all  such  cases  the  council  shall  notify  the  owner 
or  his  agent  to  construct  or  reconstruct  such  walks 
within  thirty  days  from  the  date  of  the  service  of 
such  notice.  Said  notice  shall  be  in  writing  and 
served  in  person  upon  the  owner,  if  found  within  the 

400 


city  and  if  not,  it  may  be  served  by  registered  United 
States  mail,  or  by  ])ublication  for  ten  days  in  some 
daily  newspaper  published  in  the  city.  Whenever 
the  owner  shall  be  in  default  the  council  may  have 
the  recpiired  work  done  by  day  labor  or  contract, 
and  when  done,  issue  to  the  person  doing  the  work  a 
certificate  therefor,  stating  the  just  amount  due  him, 
which  certificate  shall  draw  interest  at  the  rate  of 
six  per  cent,  per  annum  until  paid,  and  such  assess- 
ment shall  be  a lien  upon  said  property  until  it  shall 
be  paid;  in  case  of  failure  to  pay  such  assessment 
within  thirty  days  after  the  issuance  of  said  certifi- 
cate the  same  may  be  certified  by  the  city  clerk  to 
the  county  officer  having  the  custody  of  the  tax  list 
at  the  time  such  certification  be  made,  to  be  by  him 
placed  upon  such  tax  list  for  the  current  year,  to  be 
collected  in  the  same  manner  as  other  taxes  are  col- 
lected, with  ten  per  centum  penalty  thereon  to  de- 
fray the  cost  of  collection  and  all  the  laws  of  the 
state  for  the  assessment  and  collection  of  general 
taxes,  including  the  laws  for  the  sale  of  property  for 
taxes  and  their  redemption  of  the  same,  shall  apply 
and  have  as  full  effect  for  the  collection  of  said  as- 
sessment for  sidewalks  as  for  general  taxes. 

§778.  Official  Grade.  When  Walks  Not  Laid 

To.  (Sec.  14)  All  sidewalks  ordered  by  the  council 
shall  be  laid  to  the  official  grade,  unless  the  owners 
of  at  least  three-fourths  of  the  frontage  on  any  side 
of  one  block  request  that  the  sidewalk  on  such  front- 
age be  laid  otherwise  than  to  official  grade,  and  the 
council  shall  deem  such  request  reasonable. 

§779.  Sewer  Systems.  Establishment  of  Grade. 

(Sec.  15)  The  city  may  establish  and  maintain  sep- 
arate or  combined  sewer  systems,  which  systems 
shall  be  divided  into  districts  and  sub-district  sewers 
for  storm  and  drainage,  sanitary  drainage,  or  both. 

401 


§780.  How  Constructed.  (Sec.  IG)  Said  sewers 
shall  be  established  and  constructed  at  such  time,  in 
such  locations,  or  such  extent,  dimensions  and  mate- 
rials, and  in  accordance  with  such  full  details  and 
specifications  as  may  be  prescribed  by  the  council. 
Whenever  necessary,  rights  of  way  for  any  sewers 
ordered  by  the  council  may  be  ])urchased  or  con- 
demned on  behalf  of  the  district,  and  the  cost 
(diarged  to  such  district. 

§781.  Sewer  Districts.  Sanitary,  Storm,  Etc. 

(Sec.  17)  The  council  may  order  the  construction 
of  district  sewers  and  appurtenances  for  sanitary 
drainage  for  districts  to  be  known  as  sanitary  sewer 
districts;  the  construction  of  district  sewers  and 
appurtenances  for  storm  drainage  for  districts  to 
be  known  as  storm  sewer  districts;  the  construction 
of  district  sewers  and  appurtenances  for  storm  and 
sanitary  drainage  of  districts  to  be  known  as  com- 
bined sewer  districts;  the  construction  of  intersect- 
ing sewers  and  appurtenances  for  storm  drainage, 
sanitary  drainage  or  both,  for  districts  to  be  known 
as  intersecting  sewer  districts,  and  the  construction 
of  district  sewers  and  appurtenances  for  sanitary 
drainage  for  districts  to  be  known  as  special  sani- 
tary sewer  districts,  the  same  to  be  approved  by 
ordinance  passed  by  a vote  of  four  members  of  the 
council.  Such  sewers  shall  be  constructed  so  as  to 
connect,  within  or  without  the  district,  with  some 
other  or  sufficient  sewer  or  with  some  natural  drain- 
age. Such  districts,  except  special  sanitary  sewer 
districts,  may  be  composed  of  sub-districts,  to  be 
specifiically  named  or  numbered  in  said  ordinance. 
District  sewers  except  as  hereinafter  provided,  shall 
include  all  submains  necessary  to  provide  outlets  for 
all  sub-district  laterals  within  the  district.  Special 
district  sewers  shall  include  -the  necessary  mains  to 


402 


provide  outlets  for  all  laterals  within  the  special 
sewer  district. 

§782.  Sub-District  Laterals.  (Sec.  18)  The 
council  may  at  the  time  of  ordering  the  constmction 
of  district  sewers,  or  at  any  time  or  times  thereafter, 
order  the  construction  of  sub-district  laterals  in  an^ 
such  sub-district,  so  as  to  connect  the  same  with  the 
submains  or  with  the  district  sewer,  the  same  to  be 
approved  by  ordinance  as  in  the  case  of  district 
sewers. 

§783.  Cost.  How  Apportioned.  (Sec.  19)  The 

cost  of  district  sewers  shall  be  assessed  upon  all  the 
real  estate  in  the  district,  in  proportion  as  the  area 
of  each  piece  of  real  estate  in  the  district  is  to  the 
area  of  all  the  real  estate  in  the  district,  exclusive 
of  public  highways,  and  the  cost  of  sub-district  later- 
als shall  be  assessed  in  like  manner  upon  all  the  real 
estate  in  the  sub-district;  provided,  that  the  con- 
struction of  any  submain  may  be  omitted  until  such 
time  as  it  may  be  required,  in  which  case  sub-dis- 
tricts so  left  without  submains  shall  not  be  assessed 
for  any  part  of  the  cost  of  submains  constructed' 
along  with  and  as  a part  of  the  sewer  district.  When- 
ever submains  so  omitted  are  required  and  con- 
structed they  may  be  ordered  as  provided  for  other 
sewers,  and  their  cost  shall  be  assessed  to  the  sub- 
districts which  are  supplied  with  submains. 

§784.  Temporary  Connections.  (Sec.  20)  Tem- 
^ porary  connections  may  be  made  from  any  sewer 
from  property  lying  without  districts,  with  the  con- 
sent of  the  council  and  upon  such  terms  as  it  may 
require. 

§785.  Private  Sewers.  (Sec.  21)  Private  sew- 
ers connected  with  district  sewers  may  be  con- 
structed under  such  restrictions  and  subject  to  such 


403 


re^Liujatioiis  as  may  be  i)reserU)ed  by  the  council,  but 
no  ex])ense  shall  be  incurred  by  the  city  in  construct- 
ing- or  maintaining  them;  and  the  city  shall  have 
power  by  ordinance  to  compel  the  owner  of  any 
])remises  in  any  sewer  district  or  sub-district  to  con-, 
nect  the  same  with  the  district  or  sub-district 
sewer  at  their  own  expense. 

§786.  Construction  Not  Subject  to  Remon- 
strance. (Sec.  22)  In  ordering  the  construction  of 
sewers,  the  council  shall  proceed,  as  provided  in  sec- 
tion 2 of  this  ordinance,  but  the  construction  of  such 
sewers  shall  not  be  subject  to  remonstrance. 

-§787.  Sewer  Extensions.  (Sec.  23)  The  city 
may  extend  and  maintain  any  existing  public  sewer 
or  any  district  sewer  main  wherever  constructed, 
from  its  outlet  to  any  point  within  or  without  the 
city.  Such  sewer  extensions  shall  be  established 
and  constructed  at  such  times,  in  locations  within 
or  without  the  city,  of  such  extent,  dimensions,  ma- 
terial, and  in  accordance  with  such  full  details  and 
specifications  as  may  be  prescribed  by  the  council. 
Necessary  rights  of  way  may,  upon  the  order  of  the 
council,  be  purchased  or  condemned  on  behalf  of  the 
city,,  and  the  whole  cost  thereof,  sewer  and  rights  of 
way,  may  be  paid  by  the  city. 

§788.  No  Connections  Until  Cost  is  Paid.  (Sec. 
24)  No  lot  in  any  sewer  district  shall  be  connected 
with  the  sewer  district  sewer  unless,  before  the  com- 
pletion the  estimated  cost,  or,  after  completion,  the 
assessment  has  been  paid. 

§789.  Illegal  Assessment.  Connections  Not  Made 
Until  Cost  Paid.  (Sec.  25)  If  in  any  sewer  district 
any  assessment  upon  the  lots  therein  for  the  con- 
struction of  the  sewer  therein  has  in  any  court  of 
com]Kdent  jurisdiction  l)een  held  illegal,  the  owner  of 
any  lot  in  such  district  shall  only  be  permitted  to 

404 


connect  with  such  sewer  upon  payment  into  the 
treasury  for  the  use  of  the  holder  of  warrants  or 
bonds  issued  for  the  construction  of  such  sewer,  or 
if  such  warrants  have  been  taken  up  then  into  the 
general  fund  of  the  city,  such  amount  as  may  be  fixed 
by  ordinance. 

§790.  Certificate  of  Assessment.  (Sec.  26) 
Upon  the  completion  of  any  local  improvement,  or 
in  case  of  sewers,  upon  completion  from  time  to  time 
of  any  part  or  parts  thereof  affording  complete 
drainage  for  any  part  or  parts  of  the  district,  and 
upon  the  acceptance  thereof  by  the  city  engineer, 
or  whenever  the  total  cost  of  such  improvement,  or 
any  of  such  part  or  parts  of  any  sewer,  can  be  defi- 
nitely ascertained,  the  city  engineer  shall  prepare  a 
statement,  showing  the  whole  cost  of  improvement, 
or  such  parts  thereof,  including  not  to  exceed  six  per 
centum  additional  for  costs  of  collection  and  other 
incidentals,  and  including  interest  to  the  next  suc- 
ceeding date  upon  which  general  taxes,  or  the  first 
installment  thereof,  are  by  the  laws  of  this  state 
made  payable;  and  apportion  the  same  upon  each 
lot  or  tract  of  land  to  be  assessed  for  the  same,  as  in^ 
this  ordinance  provided;  and  to  certify  the  same 
and  cause  the  same  to  be  filed  in  the  office  of  the  city 
clerk. 

§791.  Advertisements.  Complaints.  (Sec.  271 
The  clerk  shall  thereupon,  by  advertisement  for  ten 
days  in  some  newspaper  of  general  circulation,  pub 
lished  in  the  city,  notify  the  owners  of  real  estate  to 
be  assessed,  and  all  persons  interested  generally  and 
without  naming  such  owner  or  persons,  that  said 
improvements  have  been  or  are  about  to  be  com- 
pleted and  accepted,  specifying  the  whole  cost  of  the 
improvements  and  the  share  so  apportioned  to*  each 
lot  or  tract  of  land  or  persons;  and  that  any  com- 

405 


])laints  or  objections  that  may  be  made  in  writing 
by  such  owners  or  persons  to  the  council  and  hied 
with  the  city  clerk  within  thirty  days  from  the  first 
publication  of  such  notice  will  be  heard  and  deter- 
mined by  the  council  at  its  first  regular  meeting 
after  said  thirty  days  and  before  the  passage  of  an 
ordinance  assessing  the  cost  of  said  improvements. 

§792.  Council  Hear  Complaints.  Assess  Costs. 

(Hec.  28)  At  the  meeting  specified  in  said  notice,  or 
any  advertisement  thereof,  the  council,  sitting  as  a 
board  of  equalization,  shall  hear  and  determine  all 
such  complaints  and  specifications,  and  may  make 
such  modifications  and  changes  in  the  apportion- 
ments as  may  to  it  seem  equitable  and  just,  or  it 
may  confirm  the  first  apportionment;  and  the  coun- 
cil shall  thereupon,  by  ordinance,  assess’ the  cost  of 
said  improvements  against  all  the  real  estate  in  said 
district  and  against  such  persons,  respectively,  in  the 
proportions  above  mentioned. 

§793.  Assessment  a Lien.  Priority.  Illegal 
Assessment.  Proceedings.  (Sec.  29)  All  assess- 
ments made  in  pursuance  of  this  ordinance  shall  be 
a lien  in  the  several  amounts  assessed  against  each 
lot  or  tract  of  land,  from  the  final  publication  of  the 
assessing  ordinance,  and  shall  have  priority  over  all 
other  liens  except  general  taxes.  As  to  am^  sub- 
divisions of  any  real  estate  assessed  in  pursuance 
to  this  ordinance,  the  assessment  shall  in  each  case 
be  a lien  upon  all  the  sub-divisions  in  proportion  to 
their  respective  areas.  No  delays,  mistakes,  errors, 
defects,  or  irregularities  in  any  act  or  proceeding 
authorized  by  this  ordinance,  shall  prejudice  or  in- 
validate any  final  assessment,  but  the  same  shall  l>e 
remedied  by  subsequent  or  amended  acts  or  proceed- 
ings as  the  case  may  require,  and  when  so  remedied 
the  same  shall  take  effect  as  of  the  date  of  the  orig- 
inal act  or  proceeding. 


406 


If  in  any  ('onrt  of  conii)etent  jurisdiction  any 
final  assessment  made  in  pnrusance  of  this  ordinance 
is  set  aside  for  irregmlarity  in  the  ])roceeding-s,  then 
the  conncil  may  upon  recommendation  and  notice  as 
recpiired  in  the  making-  of  an  original  assessment, 
make  a new  assessment  in  accordance  with  the  pro- 
visions (3f  this  ordinance. 

§794.  Local  Assessment  Roll.  (Sec.  dO)  The 
auditor  shall  from  said  statement  and  assessing  or- 
dinance prepare  a local  assessment  roll,  in  book 
form,  showing  in  suitable  colnmns  each  piece  of  real 
estate  assessed,  the  total  amount  of  the  assessment, 
the  amonnts  of  each  installment  of  principal  and  in- 
terest, if  in  pursuance  to  ordinance  the  same  is  pay- 
able in  installments,  and  the  date  when  such  install 
ments  will  become  due,  with  suitable  colnmns  for 
use  in  case  of  payment  of  the  whole  amount,  or  of 
any  installment  of  penalty,  and  deliver  the  same  to 
the  city  treasurer  for  collection,  and  the  same  shall 
be  certified  by  the  city  clerk  under  the  seal  of  the 
city,  with  his  warrant  for  the  collection  of  the  same, 
and  the  auditor  charging  the  amount  of  the  assess- 
ment roll  to  the  treasurer  and  the  treasurer  receipt- 
ing the  auditor  for  the  same. 

§795.  Assessments  Due  in  Thirty  Days.  (Sec. 
31)  All  assessments  made  in  pursuance  to  this  ordi- 
nance shall  he  due  and  payable  within  thirty  days 
of  the  final  publication  of  the  assessing  ordinance, 
without  demand;  provided,  that  all  such  assess- 
ments may  at  the  election  of  the  owners,  he  paid  in 
installments  with  interest  as  hereinafter  provided. 
Failure  to  pay  the  whole  assessment  within  said 
period  of  thirty  days  shall  be  conclusively  considered 
and  held  an  election  on  the  part  of  all  persons  inter- 
ested, whether  under  disability  or  otherwise,  to  pay 
in  such  installments.  All  j^ersons  so  electing  to  pay 

407 


in  installments  sliall  be  conclusively  considered  and 
held  as  consenting*  to  said  improvements  and  such 
election  shall  be  conclusively  held  and  considered 
as  a waiver  of  any  and  all  right  to  question  the 
])ower  or  jurisdiction  of  the  city  to  construct  the 
improvements,  the  (piality  of  the  work,  the  regular- 
ity or  sufficiency  of  the  proceedings,  or  the  validity 
or  correctness  of  the  assessment. 

At  the  expiration  of  said  thirty-day  period,  the 
treasurer  shall  return  the  local  assessment  roll,  there- 
in showing  all  payments  made  thereon,  with  the  date 
of  each  payment.  The  city  auditor  shall  prepare  a 
permanent  local  assessment  roll  in  book  form,  show- 
ing ill  suitable  columns  each  piece  of  real  estate  or 
property  upon  which  assessments  are  unpaid,  the 
whole  amount  of  the  assessment  unpaid,  the  date  to 
which  the  same  was  computed,  the  amount  of  each 
installment  of  principal  and  interest,  and  the  date 
when  the  same  will  become  due,  with  suitable  col- 
umns for  use  in  case  of  payment  of  any  installment 
or  penalties.  Said  roll  shall  be  certified  to  by  the 
city  clerk  under  the  seal  of  the  city,  and  by  him  de- 
livered to  the  county  treasurer  with  his  warrant  for 
the  collection  of  the  same.  It  shall  be  the  duty  of 
the  county  treasurer  to  receipt  for  the  same,  and  all 
such  rolls  shall  be  numbered  for  convenient  refer- 
ence. 

§796.  Installments.  Two  to  Fifteen  Years. 

(Sec.  32)  In  case  of  such  election  to  pay  in  install- 
ments, the  assessments,  except  for  paving  alone  or 
in  combination  with  other  improvements,  shall  be 
payable  in  not  less  than  two  nor  more  than  fifteen 
equal  animal  installments  of  principal;  the  assess- 
ments for  paving  alone,  or  in  combination  with  other 
improvements,  shall  be  payable  in  not  less  than  five 
uor  more  than  fifteen  annual  installments  of  ]u*inci- 

408 


I 


pal;  with  interest  in  all  cases  on  tlie  unpaid  prin- 
cipal, payable  annually  at  a rate  not  exceeding  six 
})er  centimi  per  annum;  as  the  number  of  install- 
ments, the  period  of  payment  and  the  rate  of  interest 
may  be  determined  by  the  council. 

§797.  Installments.  When  Payable.  (Sec.  33) 
Subject  to  the  foregoing  requirements,  all  install- 
ments, both  of  principal  and  interest,  shall  be  paya- 
ble at  such  times  as  may  be  determined  in  and  by  the 
assessing  ordinance. 

§798.  Failure  to  Pay  Installments.  Whole 
Amount  Due.  (Sec.  34)  Failure  to  pay  any  install- 
ments, whether  of  principal  or  interest,  when  due, 
shall  cause  the  whole  amount  of  the  unpaid  principal 
to  become  due  and  payable  immediately,  and  the 
whole  amount  of  the  unpaid  principal  and  accrued 
interest  shall  thereafter  draw  interest  at  the  rate  of 
one  per  cent,  per  month  or  fraction  of  a month  until 
the  day  of  sale,  as  hereinafter  provided;  but  at  any 
time  prior  to  the  day  of  sale  the  owner  may  pay  the 
amount  of  all  delinquent  installments  with  interest 
at  one  per  cent,  per  month,  or  fraction  of  a month, 
as  aforesaid,  and  all  penalties  accrued,  and  shall 
thereupon  be  restored  to  the  right  thereafter  to  pay 
in  installments  in  the  same  manner  as  if  default  had 
not  been  made.  The  owner  of  any  piece  of  real  es- 
tate not  in  default  as  to  any  installment  or  payment, 
may  at  any  time  pay  the  whole  unpaid  principal 
with  the  interest  accrued. 

§799.  Payments  Within  Thirty  Days.  Allow- 
ance. (Sec.  35)  Payments  may  be  made  to  the  city 
treasurer  at  any  time  within  thirty  days  of  the  tinal 
publication  of  the  assessing  ordinance  and  an  allow- 
ance of  the  per  centum  added  for  cost  of  collection 
and  other  incidentals,  and  of  the  interest  from  the 
date  of  payment  to  the  time  the  first  installment 

409 


(‘oiiu\s  duo,  sliaJl  ])o  made  on  all  payments  made  dur- 
ini>’  said  ]Ku-iod  of  thirty  days. 

§800.  Sale  of  Property  for  Non-Payment.  (Sec. 
dO)  The  (‘oiinty  treasurer  shall  reecive  payment  of 
all  assessments  appearing  upon  the  assessment  role 
with  interest;  and  in  case  of  default  in  the  payment 
of  any  installment  or  principal  or  interest  when  due, 
shall  advertise  and  sell  any  and  all  property  concern- 
ing which  such  default  is  suffered,  for  the  payment 
of  the  whole  or  the  unpaid  assessment  thereon;  and 
said  advertisements  and  sale  shall  he  made  at  the 
same  time  or  times  and  in  the  same  manner,  under 
all  the  same  conditions  and  penalties,  and  with  the 
same  effects  as  are  provided  by  general  law  for  sales 
of  real  estate  in  default  of  payment  of  general  taxes. 

§801.  Evidence  of  Ownership  Furnished  Treas- 
urer. (Sec.  87)  The  owner  of  any  divided  or  undi- 
vided interest  may  pay  his  share  of  any  assessment, 
upon  producing  evidence  of  the  extent  of  his  interest, 
satisfactory  to  the  treasurer  having  the  roll  in 
charge. 

§802.  When  Collections  Paid  City.  (Sec.  38) 
All  collections  made  by  the  county  treasurer  upon 
such  assessment  roll  in  any  calendar  month,  shall  be 
accounted  for  and  paid  over  to  the  city  treasurer  on 
or  before  the  tenth  day  of  the  next  succeeding  calen- 
dar month,  with  separate  statement  for  all  such  col- 
lections for  each  improvement. 

§803.  Indexes  of  Special  Assessments.  (Sec. 
39)  The  city  auditor  and  the  county  treasurer  shall 
provide  for  ])ublic  examination  indexes  of  all  special 
assessments  against  real  estate,  certified  as  above 
for  collection,  containing  in  suitable  columns  such 
information  as  may  be  necessary  for  the  use  of  the 
examiners  of  title  to  such  real  estate. 

410 


§804.  Bonds.  Warrants.  Denominations.  Rec- 
ord. Payment.  Use  or  Sale.  (See.  40)  All  local  iin- 
])rovements  shall  be  ]>aid  for  in  ])ul)lic  improvemeiil 
bonds  or  warrants  of  the  city,  of  sneh  date  and  in 
sneb  form  as  may  l)e  prescribed  by  the  conncil,  bear- 
ing- the  name  of  the  street,  alley  or  district  improved 
and  payal)le  to  the  bearer  in  a sufficient  period  of 
years  to  cover, the  period  of  payment  above  provided, 
bid  subject  to  call  as  hereinafter  provided,  and  in 
convenient  denominations  of  not  more  than  one  tbon- 
sand  dollars  each.  All  such  bonds  and  warrants 
shall  be  issued  by  the  city  treasurer  upon  the  esti- 
mates of  the  city  engineer;  and  the  city  treasurer 
shall  preserve  a record  of  the  same  in  a suitable  book 
kept  for  that  purpose.  All  such  bonds  and  warrants 
shall  be  subscribed  by  the  mayor,  attested  by  the  city 
clerk  and  the  seal  of  the  city,  and  registered  by  the 
city  auditor;  said  bonds  and  warrants  to  be  pay- 
able out  of  the  moneys  collected  on  account  of  the 
assessments  made  for  said  improvements,  respect- 
ively; and  all  moneys  collected  from  such  assess- 
ments for  any  improvement  shall  be  applied  to  the 
payment  of  all  bonds  and  warrants  issued,  until  pay- 
ment be  made  of  all  of  said  bonds  or  warrants;  pro- 
vided, that  such  bonds  or  warrants  may  be  used 
by  the  city  conncil  at  par,  in  payment  for  engineer- 
ing and  other  clerical  expenses  and  cost  of  inspec- 
tion; or  the  mayor  with  the  approval  of  the  council 
may,  upon  advertisement  for  not  less  than  ten  days 
in  some  newspaper  of  general  circulation,  published 
in  .the  city,  sell  sufficient  of  said  bonds  or  warrants 
at  not  less  than  par  to  pay  the  expense,  mentioned 
in  this  proviso,  in  cash. 

§805.  Rate  of  Interest.  Interest  Coupons. 

(Sec.  41)  All  such  bonds  and  warrants  shall  bear 
interest  not  exceeding  six  per  cent,  per  annum,  as 
may  be  ordered  by  the  council,  the  interest  to  be 

4II 


paid  senii-annually,  evidenced  by  coupons,  attested 
by  a fac-simile  of  the  signature  of  the  city  auditor. 

All  such  bonds  and  warrants,  principal  and  in- 
terest, shall  be  payable  at  the  city  of  Colorado 
S])rings,  but  if  the  council  so  orders  they  may  also 
be  payable  at  some  national  bank  or  trust  company 
in  the  city  of  New  York,  in  the  state  of  New  York, 
to  be  designated  by  the  council.  In  all  cases  the 
bonds,  warrants  and  coupons  shall  recite  the  place 
or  places  of  payment,  and  when  payable  in  the  city 
of  New  York,  the  city  treasurer  is  hereby  authorized 
to  remit  the  funds  necessary  for  their  payment,  with 
exchange,  to  the  institution  so  designated,  always 
assuring  himself  that  such  institution  is  perfectly 
solvent.  The  council  may  by  ordinance,  passed  by 
four  of  the  members  thereof,  on  behalf  of  the  city, 
guarantee  the  payment  of  any  bonds  or  warrants 
issued  under  the  provisions  of  this  ordinance. 

§806.  Redemption  and  Purchase  of  Bonds. 

(>'ec.  42)  Whenever  considered  prudent  by  the  city 
treasurer,  he  may,  and  whenever  funds  may  be  in 
his  hands  to  the  credit  of  any  improvement  district, 
exceeding  six  months’  interest  on  the  unpaid  prin- 
cipal, he  shall  by  advertisement  for  five  days  in  some 
newspaper,  call  in  a suitable  number  of  the  bonds 
or  warrants  of  such  district  for  payment;  and  at 
the  expiration  of  thirty  days  from  the  first  publi- 
cation of  said  notice  the  interest  on  the  bonds  and 
warrants  so  called  shall  cease.  The  notice  shall 
specify  the  bonds  or  warrants  so  called  by  numbers; 
and  all  bonds  and  warrants  shall  be  paid  in  their 
numerical  order.  The  holder  of  any  bonds  or  war- 
rants may  at  any  time  furnish  his  post  office  ad- 
dress to  the 'city  treasurer  and  in  such  case  a copy 
of  said  advertisement  shall  be  mailed  by  the  treas- 
urer to  the  holder  of  the  bonds  or  warrants  called, 
at  said  address,  on  the  first  day  of  said  ]mblication. 

412 


§807.  City  May  Purchase  at  Tax  Sale.  Certifi- 
cate. Lien.  (Sec.  43)  At  any  sale  by  the  county 
treasurer  of  any  property  for  the  purpose  of  paying- 
any  special  assessments  for  local  improvements  in 
the  city,  the  city  treasurer  having  written  authority 
from  the  commissioner  of  finance,  may  purchase  any 
such  real  estate  without  paying  for  the  same  in 
cash;  and  shall  receive  certificates  of  purchase 
therefor  in  the  name  of  the  city.  The  certificates 
shall  be  received  and  credited  at  their  face  value 
with  all  interest  and  penalties  accrued  by  the  county 
treasurer  on  account  of  assessments  in  pursuance  of 
which-  the  sale  was  made.  The  certificates  may 
thereafter  be  sold  by  the  city  treasurer  at  their  face 
value  with  all  interest  and  penalties  accrued  and  by 
him  assigned  in  the  name  of  the  city,  and  the  pro- 
ceeds credited  to  the  fund  created  by  ordinance  for 
the  payment  of  such  assessments,  respectively.  Such 
assignments  shall  be  without  recourse  and  the  sale 
and  assignments  shall  operate  as  a lien  in  favor  of  the 
purchasers  and  assignees  as  is  provided  by  law  in 
the  case  of  sales  of  real  estate  in  default  of  payment 
for  general  taxes. 

§808.  When  Council  Can  Be  Compelled  to  Au- 
thorize Improvements.  (Sec.  44)  Whenever  any 

improvement  authorized  by  this  act  is  petitioned 
for  by  a majority  of  the  property  frontage  liable  to 
be  assessed,  it  shall  be  the  duty  of  the  council  to 
authorize  said  improvement;  provided,  that  if  the 
material  petitioned  for  is  known  to  be  worthless  or 
poor  (piality,  or  would  not  make  a good,  substantial, 
reasonably  permanent  improvement,  the  council 
may  refuse  to  grant  a petition  for  that  reason.  If 
the  material  petitioned  for,  designated  in  the  speci- 
fications is  a patented  or  proprietary  article  on 
which  there  can  be  but  one  bid,  the  council  may 
refuse  to  award  a contract  if  the  entire  bid  shall  be 

413 


excessive  as  compared  with  improvements  of  equal 
value,  or  may  refuse  bids  or  re-advertise. 

§809.  Council  Determines  Sufficiency  of  Re- 
monstrance. (Sec.  4o)  Whenever  a remonstrance 
of  propetry  owners  against  public  improvements 
])urported  to  be  executed  under  the  authority  of 
tliis  ordinance  is  filed  with  the  council,  the  council 
si  1 all  canvass  the  same  and  determine  by  resolution 
whether  or  not  such  remonstrance  is  legally  suffi- 
cient under  the  requirements  of  this  ordinance,  and 
such  certification  shall  be  final  and  conclusive  as  to 
the  legal  sufficiency  of  such  remonstrance,  and  the 
determination  of  the  council  that  no  legal  remon- 
strance has  been  filed  shall  he  conclusive  of  that 
fact. 

§810.  Contracts.  How  Let.  Bonds,  Etc.  (Sec. 
4(i)  All  contracts  for  local  improvements  shall  he  let 
by  the  council,  upon  the  recommendation  of  the 
commissioner  of  public  works  and  property.  All 
such  contracts  shall  be  let  to  the  lowest  reliable  and 
responsible  bidder,  after  public  advertisement  for 
not  less  than  ten  days  in  some  newspaper  of  general 
circulation,  published  in  the  city.  Any  other  mode 
of  letting  such  contracts  shall  be  illegal  and  void 
and  no  such  contract  shall-  be  made  without  a bond 
for  its  faithful  performance,  with  sufficient  surety 
or  sureties  to  be  approved  by  the  mayor  and  no 
other  surety  than  a surety  company,  approved  by 
the  mayor,  shall  be  accepted.  Upon  default  in  the 
performance  of  any  contract,  the  council  may  ad- 
vertise and  let  a contract  for  the  uncompleted  work 
in  like  manner,  without  further  ordinance,  and 
charge  the  cost  thereof  to  the  original  contractor  on 
his  contract;  and  when  a deficiency  shall  in  such 
case  occur,  the  council  may  advance  the  amount 
thereof  out  of  any  available  fund  of  the  city,  and 

4T4 


recover  the  same  by  suit  on  the  original  contract 
and  bond.  In  all  advertisements  the  council  shall 
1‘eserve  the  right  to  reject  all  bids  and  on  rejecting 
all  bids  may  again  advertise  without  further  ordi- 
nance. 

§811.  Contract.  Terms  and  Conditions.  (Sec. 
-4-7)  Every  contract  shall  contain  a clause  to  the 
effect  that  it  is  subject  to  the  provisions  of  the 
charter  and  of  the  ordinances  authorizing  the  im- 
provement; and  shall  require  that  eight  hours  shall 
constitute  a day’s  labor  for  any  work  done  under 
such  contract;  that  the  aggregate  payments  there- 
on shall  not  exceed  the  aggregate  estimate  of  the 
engineer  or  the  amounts  appropriated;  that,  upon 
ten  days’  notice  the  work  under  such  contract  may, 
without  cost  or  claim  against  the'  city,  be  suspended 
by  the  council  for  substantial  cause,  and  that  upon 
complaint  of  the  owner  of  any  of  the  real  estate  to 
be  assessed  for  the  improvements,  that  the  improve- 
ment is  not  being  construtced  in  accordance  with 
the  contract,  the  council  shall  consider  the  com- 
plaint and  thereupon  make  such  order  in  the  prem- 
ises as  may  be  just  and  the  decision  of  the  council 
shall  be  final. 

§812.  Procedure  Where  Owners  Refuse  to  Con- 
nect  With  Mains.  (Sec.  48)  Before  paving  any  dis- 
trict in  pursuance  to  this  ordinance,  the  council  may 
order  the  owners  of  the  abutting  real  estate  to  con- 
nect their  several  premises  with  the  gas  or  water 
mains,  or  with  any  other  commodities  in  the  street 
in  front  of  their  several  premises;  and  on  default 
of  the  owners  for  thirty  days  after  such  order  to 
make  such  connections,  the  council  may  contract  for 
and  make  the  connections  aforesaid  at  such  dis- 
tance, under  such  regulations,  and  in  accordance 
with  such  specifications  as  may  be  prescribed  by  the 
council  and  the  whole  cost  of  each  connection  shall 

415 


be  assessed  a,i>ciirist  the  premises  with  which  the 
comiectioii  is  made.  Any  number  of  such  connec- 
tions may  he  included  in  one  contract  and  notice 
shall  be  ^•iven  to  the  owners  of  the  property  to  be 
assessed  as  is  provided  for  the  giving  of  notice  for 
the  construction  of  sidewalks  as  provided  for  in  sec- 
tion 12  of  this  ordinance,  but  the  cost  shall  be  paid 
upon  the  completion  of  the  work,  and  in  one  sum, 
and  shall  not  be  subject  to  remonstrance.  The  cost 
shall  be  collected  in  the  same  manner  as  is  provided 
in  this  ordinance  for  the  collection  of  assessments 
for  sidewalks;  and  upon  default  in  the  payment  of 
any  assessment,  real  estate  may  be  held  in  like  man- 
ner and  with  like  effect,  or  suit  may  be  brought  for 
the  collection  of  said  cost. 

§813.  Description  of  Property.  (Sec.  49)  In 
all  ])i*oceedings  and  notices  authorized  by  this  ordi- 
nance, figures  may  be  used  instead  of  words,  and 
in  districts  of  extended  areas  it  shall  not  be  neces- 
sary to  designate  each  piece  of  real  estate  sepa- 
rately, but  in  such  cases  general  descriptions  and 
(piantities  may 'be  used  except  in  the  assessment 
rolls;  and  except  in  such  rolls,  the  cost  may  be 
stated  as  being  of  a probable  or  certain  amount  per 
front  foot  or  per  lot  of  given  size. 

§814.  Publications  of  Notices  and  Advertise- 
ments.  How  Made.  (Sec.  50)  Any  notice,  adver- 
tisement or  publication  required  by  this  ordinance 
to  be  published,  shall  be  held  to  be  well  given,  made 
and  ])ublished,  when  the  same  is  published  for  the 
required  number  of  days  in  a newspaper  of  general 
circulation  in  this  city.  In  computing  the  number 
of  days  during  which  the  publication  is  made,  Sun- 
days, and  legal  holidays  and  all  calendar  days  be- 
tvreen  the  first  and  last  publication,  shall  be  included 
and  counted  whether  or  not  the  paper  is  published 
on  such  days. 


§815.  Time  in  Which  Action  May  Commence. 

(Hec.  51)  All  actions  legal  or  equitable  for  relief 
against  any  proceedings  had  under  this  ordinance, 
whether  based  upon  irregularities  or  jurisdictional 
defects,  shall  be  commenced  within  thirty  days  af tex- 
tile wrongful  act  complained  of,  or  else  be  thereafter 
perpetually  barred. 

§816.  Repeal.  (Sec.  52)  All  laws  or  parts  of 
laws  of  this  state  in  conflict  with  any  of  the  pro- 
visions of  this  ordinance  are  hereby  superseded,  and 
all  ordinances  and  parts  of  ordinances  in  conflict 
with  any  of  the  provisions  of  this  ordinance  are 
hereby  repealed.  [Ord.  No.  817,  passed  July  29, 
1910.] 


ARTICLE  5. 

OF  GRADES,  CURB  LINES  AND 'SIDEWALK 

LINES. 

§817.  Datum  Line.  Bench  Marks  for  Estab- 
lishing Grades.  (Sec.  1)  That  the  datum  line  or 
base  of  levels  for  establishing  the  grades  of  all  the 
streets  and  alleys  within  the  corporate  limits  of  the 
city  of  Colorado  Springs,  shall  be  sea  level  and  as 
indicated  by  the  following  bench  marks,  to-wit: 

A brass  plate  set  in  the  top  of  the  stone  bench 
at  the  west  side  of  the  lower  entrance  on  the  south 
or  Kiowa  side  of  the  city  hall,  the  surface  of  which 
plate  is  six  thousand  thirty-five  and  sixty-five 
hundredths  (6.035.65)  feet  above  datum  line.  The 
top  of  the  lowest  stone  doorsill  on  the  east  side  of 

417 


the  middle  door  of  the  old  city  hall,  now  fire  station 
No.  1,  on  Nevada  avenue,  the  surface  of  which  stone 
step  is  six  thousand  twenty-six  and  twenty-two 
hundredths  (0,026.22)  feet  above  datum  line. 

§818.  Grades.  How  Established.  (Sec.  2)  x\ll  • 
i>rades  established  by  this  ordinance,  or  that  may 
hereafter  be  established,  shall  be  calculated  from  the 
bench  marks  established  by  section  1 of  this  ordi- 
nance. 

§819.  Certain  Grade  on  Huerfano  Street.  (Sec. 
3)  The  grade  of  the  curb,  gutter  and  sidewalk  lines 
on  Huerfano  street  between  the  east  line  of  Cascade 
avenue  and  the  west  line  of  Tejon  street  shall  be, 
and  the  same  is  hereby  established  as  shown  on  the 
profiles  and  records  in  the  office  of  the  city  engi- 
neer, which  profiles  and  records  are  hereby  confirmed 
and  made  a part  of  this  ordinance.  [Ord.  No.  776, 
])assed  Oct.  11,  1909.] 

§820.  All  Sidewalks  Must  Conform  to  Grade. 
Penalty.  (Sec.  4)  No  sidewalk,  curb  or  gutter  shall 
be  constructed  until  the  proper  line  and  grade  for 
the  same  shall  have  been  obtained  from  the  city  en- 
gineer, and  the  same  shall  be  constructed  in  accord- 
ance with  the  lines  and  grades  given  by  said  engi- 
neer, and  subject  to  his  superintendence,  direction 
and  control,  and  any  person  who  shall  construct, 
or  cause  to  be  constructed,  any  sidewalk,  curb  or 
gutter  in  any  different  manner  than  is  provided  for 
in  this  ordinance,  or  upon  any  line  or  grade  differ- 
ent from  that  established  by  the  city  council  or  des- 
ignated by  the  city  engineer,  for  any  sidewalk,  curb 
or  gutter  without  authority  from  the  city  council 
shall,  upon  conviction  thereof,  be  fined  not  less  than 
ten  dollars  ($10),  nor  more  than  fifty  dollars  ($50) 
and  shall  cause  such  sidewalk,  curb  or  gutter  to  be 
taken  up  and  relaid  at  his  or  her  own  expense  when- 

418 


ever  directed  so  to  do,  under  a penalty  of  twenty- 
five  dollars  ($25)  for  each  and  every  week  he  or  she 
shall  suffer  the  same  to  remain  after  being  notified 
to  remove  or  replace  the  same  by  an  officer  of  the 
city.  [Ord.  No.  753,  passed  May  18,  1908.] 

§821.  Sidewalk  Defined.  (Sec.  1)  That  all  that 
parts  of  the  streets  and  avenues  of  the  city  of  Colo- 
rado Springs,  which  lies  between  the  property  line 
and  the  (outer)  curb  as  such  curb  is  hereinafter 
located  shall  be  sidewalk.  [Ord.  No.  753,  passed 
May  18,  1908.] 

§822.  Sidewalk  Defined.  Positions  of.  (Sec. 

2)  That  all  that  part  of  the  streets  and  avenues  of 
the  city  of  Colorado  Springs  which  lies  between  the 
property  line  and  the  curb,  as  such  curb  is  herein- 
after located,  shall  be  sidewalk;  and  all  prepared 
walks  constructed  within  any  sidewalk  shall  be 
constructed  in  the  places  or  positions  as  hereinafter 
described  and  not  otherwise.  [Ord.  No.  704,  passed 
Mar.  22,  1906,  as  amended  by  Ord.  No.  739,  passed 
Aug.  19,  1907.] 

§823.  Curb  on  Streets  140  Feet  Wide.  Width 
of  Walk.  (Sec.  3)  On  all  streets  and  ayenues  on 
which  there  are  no  street  railway  tracks,  having  a 
width  of  one  hundred  forty  (140)  feet,  the  outer 
edge  of  the  curb  shall  be  thirty-eight  (38)  feet  from 
the  property  line  and  the  prepared  walk  constructed 
within  the  sidewalk  shall  be  six  (6)  feet  wide  and 
the  inner  edge  thereof  shall  be  four  (4)  feet  from  the 
property  line. 

§824.  Curb.  Sidewalk.  On  Streets  100  Feet 
Wide.  (Sec.  4)  On  all  streets  and  avenues  on  which 
there  are  no  street  railway  tracks,  having  a width  of 
one  hundred  (100)  feet,  the  outer  edge  of  the  curb 
shall  be  thirty  (30)  feet  from  the  property  line  and 

419 


the  prej)ared  walk  constructed  within  the  sidewalk 
shall  be  six  (6)  feet  wide  and  the  inner  edge  thereof 
shall  be  two  (2)  feet  from  the  property  line. 

§825.  Curb.  Sidewalk.  On  Streets  Eighty 
Feet  Wide.  (Sec.  5)  On  all  streets  and  avenues  on 
which  there  are  no  street  railway  tracks,  having  a 
width  of  eighty  (80)  feet  the  outer  edge  of  the  curb 
shall  he  twenty-two  and  one-half  (221/2)  feet  from 
the  pro})erty  line  and  the  prepared  walk  constructed 
within  the  sidewalk,  shall  be  six  (6)  feet  wide  and 
the  inner  edge  thereof  shall  be  two  (2)  feet  from 
the  property  line. 

§826.  Curb.  Sidewalk.  On  Streets  60  to  80 
Feet.  (Sec.  6)  On  all  streets  and  avenues  on  which 
there  are  no  street  railway  tracks,  having  a width 
of  sixty  (60)  feet  and  less  than  eighty  '(80)  feet, 
the  outer  edge  of  the  curb  shall  be  fifteen  (15)  feet 
from  the  property  line  and  the  prepared  walk  con- 
structed within  the  sidewalks  shall  be  four  (4)  feet 
wide  and  the  inner  edge  thereof  shall  be  two  (2)  feet 
from  the  property  line.  [Ord.  No.  739,  passed  Aug. 
19,  1907,  as  amended  by  Ord.  No.  893,  passed  Jan. 
29,  1913.] 

§827.  Curb.  Sidewalk.  On  Streets  50  to  60 
Feet.  (Sec.  7)  On  all  streets  and  avenues  having  a 
width  of  fifty  (50)  feet  and  less  than  sixty  (60)  feet, 
the  outer  edge  of  the  curb  shall  be  twelve  (12)  feet 
from  the  property  line  and  the  prepared  walk  con- 
stmcted  within  the  sidewalks  shall  be  four  (4)  feet 
wide  and  the  inner  edge  thereof  shall  be  two  (2)  feet 
from  the  property  line. 

§828.  Curb.  Sidewalk.  On  Streets  40  to  50 
Feet.  (Sec.  8)  On  all  streets  and  avenues  having  a 
width  of  forty  (40)  and  less  than  fifty  (50)  feet,  the 
outer  edge  of  the  curb  shall  be  eight  (8)  feet  from 
the  property  line  and  the  prepared  walk  constructed 

420 


within  the  sidewalk  shall  be  four  (4)  feet  wide  and 
the  inner  edge  thereof  shall  be  two  (2)  feet  from  the 
})i*operty  line. 

§829.  Curb.  Sidewalk.  On  Streets  Less  Than 
40  Feet  Wide.  (Sec.  9)  On  all  streets  and  avenues 
having  a width  of  less  than  forty  (40)  feet,  the  outer 
edge  of  the  curb  shall  be  four  (4)  feet  from  the 
propert}^  line  and  the  prepared  sidewalk  shall  be 
laid  solid  from  the  property  line  to  the  edge  of  the 
(uirb.  [Ord.  No.  739,  passed  Aug.  19,  1907.]’ 

§830.  Width  of  Sidewalks  on  Certain  Streets. 
Exceptions  to  General  Rules.  (Sec.  10)  On  all  the 

following  named  streets  and  avenues  and  parts  of 
streets  and  avenues,  the  width  from  the  property 
line,  shall  be  as  provided  in  this  section,  and  the 
same  shall  be  considered  as  an  exception  to  the  gen- 
eral provisions  of  the  other  sections  of  this  ordi- 
nance. [Ord.  No.  739,  passed  Aug.  19,  1907,  as 
■amended  by  Ord.  No.  893,  passed  Jan.  29,  1913.] 

On  Tejon  street,  the  outer  edge  of  the  curb  shall 
be  fifteen  (15)  feet  from  property  line,  except  that 
on  Tejon  street  from  Uintah  street  to  San  Rafael 
street,  the  outer  edge  of  the  curb  shall  be  thirty  (30) 
feet  from  the  property  line,  and  sixteen  (16)  feet 
between  Boulder  and  Cucharras  street.  [Ord.  No. 
739,  passed  Aug.  19,  1907,  as  amended  by  Ord.  No. 
893,  Sec.  10  [45],  passed  Jam  29,  1913,  and  as 
amended  bv  Ord.  No.  909,  Sec.  1,  passed  eJulv  2, 
1913.] 

On  Pike’s  Peak  avenue  between  Cascade  avenue 
and  El  Paso  street,  the  outer  edge  of  the  curb  shall 
be  twenty  (20)  feet  from  the  property  line. 

On  Huerfano  street,  from  the  west  end  of  the 
viaduct  to  Limite  street,  the  outer  edge  of  the  curb 
shall  be  thirty  and  one-half  (30yo)  feet  from  the 
center  of  the  street. 


421 


Oh  Nevada  avenue,  tlie  outer  edi>e  of  the  curb 
sliall  be  nineteen  (19)  feet  from  the  property  line 
and  the  i)arking-  in  the  center  of  said  avenue  shall 
be  thirty-two  (32)  feet  wide. 

On  Cascade  avenue,  between  Cache  la  Poudre 
and  San  Rafael  streets,  the  distance  between  the 
(uirb  lines  shall  be  fifty-five  (55)  feet. 

On  Cascade  avenue,  between  San  Rafael  and 
Del  Norte  streets,  the  provisions  of  the  ordinance 
which  created  parking-  district  No.  1,  and  paving- 
district  No.  1,  shall  continue  in  full  force  and  effect. 

On  Cascade  avenue,  between  Cucharras  street 
and  the  Denver  & Rio  Grande  railway  right  of  way, 
the  outer  edge  of  the  curb  shall  be  twenty- two  (22) 
feet  from  the  property  line,  and  the  center  parking 
sliall  be  thirty-two  (32)  feet. 

On  Colorado  avenue,  the  outer  edge  of  the  curb 
shall  be  thirteen  (13)  feet  from  the  property  line. 

On  Costilla  street,  from  Tejon  street  to  El  Paso 
street,  the  outer  edge  of  the  curb  shall  be  twenty 
(20)  feet  from  the  property  line;  and  from  El  Paso 
street  to  Hancock  avenue,  the  roadway  shall  be  forty 
(40)  feet  from  curb  to  curb  and  the  south  curb  shall 
be  thirty  (30)  feet  from  the  property  line. 

On  Wood  avenue,  south  of  Columbia  street,  the 
outer  edge  of  the  curb  shall  be  nineteen  (19)  feet 
from  the  property  line. 

On  Corona  street,  between  Willamette  avenue 
and  San  Miguel  street,  the  outer  edge  of  the  curb 
shall  be  twenty  (20)  feet  from  the  property  line. 

On  Weber  street,  between  San  Miguel  and  Eon- 
tanero  street,  the  outer  edge  of  the  curb  shall  be 
twenty  (20)  feet  from  the  property  line. 

422 


On  San  Miguel  street,  between  Weber  and  Cor- 
ona streets,  tbe  nortli  curb  sliall  be  twenty  (20)  feet 
from  tlie  property  line  and  the  width  of  the  roadway 
shall  be  sixty  (o'o)  feet. 

On  El  Paso  street,  between  Cimarron  street  and 
Costilla  street,  the  outer  dege  of  the  curb  shall  be 
twelve  (12)  feet  from  the  property  line. 

On  Hancock  avenue,  between  Cimarron  street 
and  the  south  city  limits,  the  outer  edge  of  the  curb 
shall  be  fifteen  (15)  feet  from  the  property  line. 

On  Institute  street,  between  Kiowa  street  and 
San  Mignel  street,  the  outer  edge  of  the  curb  shall 
be  fifteen  (15)  feet  from  the  property  line. 

On  Moreno  avenue,  west  from  Weber  street, 
the  outer  edge  of  the  curb  shall  be  twelve  (12)  feet 
from  the  property  line. 

On  Spruce  street,  between  Platte  avenue  and 
the  Mesa  road,  the  outer  edge  of  the  curb  shall  be 
twenty  (20)  feet  from  the  j:>i*operty  line. 

On  Walnut  street,  between  Huerfano  street  and 
Platte  avenue,  the  outer  edge  of  the  curb  shall 
be  twenty  (20)  feet  from  the  property  line;  and 
from  the  Mesa  road  to  San  Rafael  street,  the  outer 
edge  of  the  curb  shall  be  twelve  (12)  feet  from  the 
property  line. 

On  the  Mesa  road,  from  Walnut  street  to  Spruce 
street,  the  outer  edge  of  the  curb  shall  be  ten  (10) 
feet  from  the  property  line. 

On  Cimarron  street,  between  El  Paso  street  and 
Hancock  avenue,  the  outer  edge  of  the  curb  shall  be 
twenty  (20)  feet  from  the  property  line. 

On  W^ashington  avenue,  from  McKinley  place 

423 


to  Nineteeiitli  street,  the  outer  edge  of  the  curb  shall 
he  twenty  (20)  feet  from  the  property  line. 

On  Grant  avenue,  from  Seventh  street  to  Six- 
teentli  street,  tlie  outer  edge  of  the  curl)  shall  he 
twenty  (20)  feet  from  the  ])ro])erty  line. 

On  Fontanero  street,  from  Tejon  street  to  the 
east  city  limits,  the  outer  edge  of  the  curb  shall  be 
twenty  (20)  feet  from  the  property  line. 

On  Kiowa  street,  from  Wahsatch  avenue  to  In- 
stitute street,  the  outer  edge  of  the  curb  shall  be 
twenty  (20)  feet  from  the  property  line,  and  from 
Nevada  avenue  to  Wahsatch  avenue  the  outer  edge 
of  the  curb  shall  be  twenty-five  (25)  feet  from  the 
})roperty  line. 

§831.  Parking.  Irrigation.  (Sec.  11)  All  park- 
ing shall  be  in  such  manner  that  it  can  be  irrig*ated 
with  ditch  water,  unless  such  irrigation  be  adjudg^ 
impracticable  by  the  city  engineer.  [Ord.  No.  739, 
passed  Aug.  19,  1907,  as  amended  by  Ord.  No.  893, 
passed  Jan.  29,  1913.] 

§832.  Curb  Lines.  Discretion  of  City  Engineer. 

(Sec.  12)  The  city  engineer,  at  his  discretion,  for 
the  purpose  of  protecting  trees,  may  narrow  the  dis- 
tance between  curb  lines  as  herein  prescribed,  one 
foot  on  either  side,  provided  such  change  extends 
through  an  entire  block.  [Ord.  No.  739,  passed  Aug. 
19,  1907.] 

§833.  Foregoing  Not  Apply  to  Certain  Portions 
of  Certain  Streets,  Etc.  (Sec.  13)  None  of  the  fore- 
going regulations  or  exce])tions  shall  apply  to  por- 
tions of  streets  or  avenues  which  lie  between  the  east 
side  of  (-ascade  avenue  and  the  east  side  of  Nevada) 
avenue;  and  the  south  side  of  Vermijo  avenue  and 
the  north  side  of  Boulder  street,  the  regulations  con- 

424 


/ 


ceriiing-  which  shall  be  left  for  future  determination. 
[Ord.  No.  739,  passed  Aug.  19,  1907,  as  amended  by 
Ord.  No.  893,  passed  Jan.  29,  1913.] 

§834.  Construction  of  Curbs  and  Gutters.  Con- 
sent of  Property  Owners.  (Sec.  14)  No  curb  and 
gutter  shall  be  constructed  in  any  block  (meaning 
thereby  any  one  side  of  a block  according  to  the  re- 
corded plat  thereof)  on  the  curb  line  as  herein 
located,  except  in  paving  or  ])arking  districts  cre- 
ated by  ordinance,  unless  the  written  consent  of 
the  owners  of  the  majority  of  the  frontage  in  such 
block  to  the  construction  of  curbs  and  gutters  in 
that  block  shall  first  have  been  filed  with  the  city 
engineer.  Upon  the  filing  of  such  petition,  the 
council  may,  at  its  discretion,  order  the  construction 
of  curbs  in  the  entire  block  covered  by  said  petition. 
[Ord.  No.  739,  passed  Aug.  19,  1907,  as  amended  by 
Ord.  No.  800,  passed  Apr.  8,  1910.] 

§835.  Property  Owners  Compensated.  Ap- 
praisal of  Damages.  (Sec.  15)  Where  curbs  and 
gutters  of  cement,  stone  or  other  similarly  durable 
material,  constructed  by  property  owners  prior  to  the 
passage  of  this  ordinance,  shall  be  so  changed  as  to 
comply  with  this  ordinance  and  in  order  to  be  * in 
conformity  with  curbs  of  cement,  stone  or  other 
similarly  durable  construction,  extending  for  at 
least  two-thirds  (2-3)  of  the  length  of  the  block  in 
which  they  are  situate,  the  property  owner  making 
such  change,  shall  be  compensated  by  the  city  for 
such  change  to  the  extent  of  the  damage  by  him  or 
her  sustained  by  reason  of  compliance  with  this  or- 
dinance, which  damage  shall  first  have  been  deter- 
mined by  an  appraisal  by  three  competent  persons, 
one  of  whom  shall  be  the  acting  city  engineer,  one 
a person  chosen  by  the  said  property  owner,  and  the 
third  shall  be  selected  by  those  two. 

425 


§836.  Adjustment  of  Reg-ulations.  How  Made. 

(SfH*.  1())  111  (*ase,  owing  to  tlie  change  in  the  width 
of  a stre(‘t,  or  for  convenience  in  front  of  places  of 
business  or  public  asseml)ly,  or  at  railroad  crossings, 
or  at  a])])roaches  to  bridges  or. conduits,  an  adjust- 
ment of  these  regulations  may  be  required,  it  shall 
lie  made  on  recommendation  of  the  city  engineer  by 
a])[)roval  of  tlie  council  and  its  resolution  to  that 
effect. 

§837.  In  Parking  Districts.  Regulation  May 
Be  Modified.  (^!ec.  17)  In  case  of  the  creation  of 
any  parking  district,  the  particular  regulation  of 
this  ordinance  now  applying  to  such  district,  may 
be  modified  to  conform  to  the  wishes  of  a majority 
of  the  owners  of  the  property  in  such  district. 

§838.  Penalty.  (Sec.  18)  Any  person  who  shall 
liere [in] after  construct  or  cause  to  be  constructed, 
any  prepared  walk  or  curb  in  this  city  in  violation  of 
any  of  the  provisions  of  this  ordinance,  shall  be  fined 
in  a sum  not  less  than  ten  dollars  nor  more  than  fifty 
dollars.  [Ord.  No.  704,  passed  Mar.  22,  1906,  as 
amended  by  Ord.  No.  739,  passed  Aug.  19,  1907.] 

§839.  Curb  Line.  Portion  of  Chestnut  Street. 

(Sec.  1)  That  the  curb  line  on  the  west  side  of 
Chestnut  street,  from  the  north  line  of  Kiowa  street 
to  the  south  line  of  Platte  avenue,  be  and  the  same 
is  hereby  fixed  and  estalfiished  at  a distance  of  forty 
and  one-half  (lOi/o)  feet  from  tlte  property  line  on 
the  east  side'  of  said  street  between  the  ])oints  above 
designated.  [Ord.  No.  825,  ])assed  Oct.  26,  1910.] 

§840.  Distance  of  Curb  Line  From  Property 
Line,  on  Parts  of  Certain  Streets.  (Sec.  1)  That  the 
distaiice  from  the  property  line  to  the  curb  line  on 
the  parts  of  the  streets  and  avenues  hereinafter 
named,  be  and  the  same  is  hereby  established,  as  fol- 
lows, to-wit: 


426 


On  Cascade  avenue  from  tJie  south  curb  line  ol* 
Platte  avenue  to  the  north  curb  line  of  Pike’s  Peak 
avenue  the  curb  line  shall  he  twenty-two  and  one- 
half  (221/^))  feet  from  the  property  line  on  the  east 
side  of  said  avenue  and  twenty-two  (22)  feet  from 
the  property  line  on  the  west  side  of  said  avenue. 

On  Cascade  avenue  from  the  south  curb  line  of 
Pike’s  Peak  avenue  to  the  north  curb  line  of  Cuchar- 
ras  street  the  curb  line  shall  be  thirty  (30)  feet  from 
the  proi^erty  line  on  each  side  of  the  avenue. 

On  Tejon  street  from  the  south  curb  line  of 
Boulder  street  to  the  north  curb  line  of  Cucharras 
street  the  curb  line  shall  be  sixteen  (16)  feet  from 
the  property  line  on  each  side  of  said  street  and 
from  the  south  curb  line  on  Cucharras  street  to  the 
north  curb  line  on  Vermijo  avenue  the  curb  line 
shall  be  twenty  (20)  feet  from  the  property  line  on 
each  side  of  said  street. 

On  Platte  avenue  from  the  west  curb  line  of 
Nevada  avenue  to  the  east  curb  line  of  Cascade  ave- 
nue the  curb  line  shall  be  thirty-eight  (38)  feet  from 
the  property  line  on  each  side  of  said  avenue. 

On  Bijou  street  from  the  west  curb  line  of  Ne- 
vada avenue  to  the  east  curb  line  of  Cascade  avenue 
the  curb  line  shall  be  twenty-five  (25)  feet  from  the 
property  line  on  each  side  of  said  street. 

On  Kiowa  slreet  from  the  west  curb  line  of 
Nevada  avenue  to  the  east  curb  line  of  Cascade 
avenue  the  curb  line  shall  be  twenty-five  (25)  feet 
from  the  property  line  on  each  side  of  said  street. 

On  Pike’s  Peak  avenue  from  the  east  curb  line 
of  North  Corona  street  to  the  east  curb  line  of  Cas 
cade  avenue  the  curb  line  shall  be  twenty  (20)  feet 
from  the  property^  line  on  each  side  of  said  avenue. 


427 


On  Huerfano  street  from  the  west  curb  line  of 
Nevada  avenue  to  the  east  end  of  the  viaduct  over 
the  tracks  of  the  Denver  & Rio  Grande  railway  com- 
pany the  curb  line  shall  be  twenty  (20)  feet  from  the 
property  line  on  each  side  of  said  street. 

On  Cucharras  street  from  the  west  curb  line  of 
Nevada  avenue  to  the  east  curb  line  of  Cascade  ave- 
nue the  curb  line  shall  be  thirty  (30)  feet  from  the 
property  line  on  each  side  of  said  street.  [Ord.  No. 
839,  passed  Apr.  12,  1911.] 


ARTICLE  6. 

OF  THE  CONSTRUCTION  OF  SIDEWALKS, 
CURBS  AND  GUTTERS. 

§841.  Specifications  for  All  Sidewalks.  (Sec. 
1 ) In  all  cases  except  where  sidewalks  are  to  be  laid 
in  accordance  with  the  provisions  of  ordinances 
establishing  x^oblic  improvement  districts  within 
this  city,  it  shall  be  unlawful  for  any  person  or  cor 
poration  to  construct,  lay  or  rebuild  any  stone  or 
cement  sidewalk  on  any  j^ortion  of  the  public  streets 
or  alleys  of  this  city,  except  in  compliance  with  the 
following  specifications,  which  are  hereby  fixed  and 
adopted  and  made  a part  of  this  ordinance. 

Grading.  All  reference  to  grading  for  sidewalks 
under  these  specifications  shall  be  understood  to  re- 
fer only  to  that  ])ortion  of  the  street  lying  immedi- 
ately under  the  sidewalks  to  be  constructed.  When 
the  sidewalks  are  to  be  constructed  on  a fill,  a bed 
not  less  than  two  (2)  feet  wider  than  the  prox:>osed 
sidewalk  shall  be  pre])ared  for  the  foundation.  The 

428 


top  of  said  bed  shall  conform  to  the  subgrade  which 
shall  not  be  less  than  four  (4)  inches  below  the  fin- 
ished surface  of  the  sidewalk.  All  soft  or  spongy 
material  or  vegetable  matter  must  be  removed  and 
re])laced  with  gravel  and  tamped  to  a firm  bed^ 
When  a subgrade  is  above  the  natural  surface,  it 
shall  be  filled  with  gravel  to  subgrade,  said  filling 
to  be  put  in  in  layers  not  more  than  four  (4)  inches 
thick,  dampened  and  rolled,  or  tamped,  to  a solid 
bed.  The  side  slopes  of  said  embankment  must  have 
a slope  of  not  more  than  one  (1)  foot  vertical  to 
two  (2)  feet  horizontal. 

When  sidewalks  are  to  be  laid  in  adobe,  wet  or 
clay  soil,  the  excavation  shall  extend  not  less  than 
six  (6)  inches  below  the  subgrade  and  then  filled 
with  gravel  to  subgrade.  The  same  to  be  tamped  to 
a solid  foundation. 

Forms.  Forms  shall  be  free  from  warp  and 
of  sufficient ' strength  to  resist  springing  out  of 
shape.  All  mortar  and  dirt  shall  be  removed  from 
forms  that  have  been  previously  used.  Forms  shall 
be  well  staked  to  the  established  lines  and  grades. 
•All  forms  shall  be  wetted  thoroughly  before  any 
material  is  deposited  against  them. 

Concrete  Sidewalks.  Cement.  All  cement  used 
for  sidewalks,  curbs  and  gutters  shall  be  any  high- 
grade  Portland  cement  of  established  reputation.  It 
shall  stand  the  following  tests: 

Fineness.  It  shall  leave  by  weight  a residue  of 
not  more  than  10  per  cent,  on  100  mesh,  or  30  per 
cent,  on  200-mesh  sieve.  Standard  Test. 

Setting.  Any  cement  taking  its  initial  set  in 
less  than  thirty  (30)  minutes,  so  as  to  bear  a 4-ounce 
weight  applied  by  the  smooth  end  of  a wire  one- 

429 


twelfth  (1*12)  of  an  in  diameter,  shall  be  re- 

jected. 

Soundness.  Any  cement  of  wliich  a 4-onnce  pat 
s])read  to  thin  ed^es  on  a 3-incli  by  4-inch  glass,  and 
after  taking*  its  hnal  set  and  being  immersed  for 
three  (3)  hours  in  boiling  water,  shows  any  cracks, 
blowholes  or  curling  edges,  will  l)e  rejected  by  the 
city  engineer. 

3'ensile  Strength.  Briquettes  one-inch  square  in 
section  shall  attain  at  least  the  following  tensile 
strength : 

Neat  Cement.  Twenty-four  hours,  in  moist  air, 
175  lbs.  Seven  days:  1 day  in  air,  6 days  in  water, 
500  lbs.  Twenty-eight  days:  1 day  in  air,  27  days 
in  water,  000  lbs. 

One  ])art  cement,  three  parts  clean  sand: 

Seven  days:  1 day  in  moist  air,  6 days  in  water, 
100  lbs.  Twenty-eight  days:  1 day  in  moist  air,  27 
days  in  water,  200  lbs. 

Cement  must  be  furnished  to  the  engineer  for 
tests  at  least  ten  (10)  days  before  it  is  to  be  used. 
Sanq)les  will  l)e  taken  by  the  engineer  or  his  author- 
ized dei)uty,  and  any  tests  may  l)e  made  as  he  may 
deem  necessary  to  obtain  the  best  possible  quality  of 
cement  for  the  work  in  hand.  Cement  shall  be  sub- 
ject to  re-examination  and  tests  at  any  time.  All 
rejected  cement  shall  he  removed  at  once  by  order 
of  the  city  engineer. 

Sand.  The  sand  shall  be  clean  and  sharp,  a 
mixture  of  fine  and  coarse  grains;  coarse  grains  ])i*e- 
dom  ilia  ting. 

Gravel.  The  gravel  shall  ])ass  over  a V|-inch 
mesh  sieve  with  no  stone  larger  than  one  and  one- 

430 


half  (IVii)  iiH'lies  in  any  dimension,  free  ('roni  dirt 
or  vej>-etable  matter.  If  broken  stone  or  slai»‘  is  used, 
it  ninst  conform  to  same  conditions  as  for  gravel. 

Mixture.  For  concrete,  the  mixture  shall  be  one 
(1)  part  cement,  three  (3)  parts  sand  and  six  (fi) 
parts  gravel.  If  pit-run  gravel  is  used,  the  mixture 
shall  be  one  (1)  part  cement  and  seven  (7)  jjarts 
gravel.  For  top  finish,  use  mortar  composed  of  one 
(1 ) part  cement  and  two  (2)  parts  sand. 

All  concrete  sidewalks  constructed  in  paving 
and  improvement  district  No.  1 and  in  improvement 
district  No.  1 in  the  city  of  Colorado  Springs  shall 
consist  of  a five  (5)  inch  base  mixed  in  the  propor- 
tions of  seven  (7)  parts  gravel  to  one  (1)  part 
cement,  and  one  (1)  inch  of  top  or  surface  mixed 
in  the  proportion  of  two  (2)  parts  sand  to  one  (1) 
part  cement. 

An  expansion  space  of  not  less  than  one-half 
inch  shall  be  left  between  the  sidewalk  and  the  curl' 
whenever  the  sidewalk  is  extended  to  the  curb  in 
said  above  mentioned  districts. 

Mechanical  mixing  is  preferred.  In  mechanical 
or  hand  mixing,  the  sand  and  cement  are  to  be  mixed 
dry,  then  sufficient  water  added  to  make  it  the  con 
sistency  of  paste.  Then  wet  the  gravel  and  add  to 
it  the  mixture.  The  whole  must  be  mixed  until  it 
is  of  one  color  and  without  streaks;  all  parts  of  the 
gravel  being  thoroughly  coated.  All  hand  mixing- 
must  be  done  in  a water-tight  box  or  on  a platform. 

Laying  of  sidewalks.  Before  laying,  the  sur- 
face of  the  foundation  shall  be  sprinkled  until  it  is 
as  wet  as  the  concrete  to  be  placed  upon  it.  The 
concrete  shall  then  be  placed  and  rammed  to  a depth 
of  three  and  one-fourth  inches.  It  shall  be 

immediately  covered  with  a finishing  coat  to  a depth 

-131 


of  tliree-fourtlis  (%)  inch.  No  concrete,  when  in 
place,  shall  he  left  longer  than  forty  (40)  minutes 
without  tlie  wearing  surface  or  finishing  coat  being 
deposite<i  thereon.  The  top  coat  shall  he  trowelled 
down  smooth  and  true  with  steel  trowel,  and  edges 
]:>roperly  rounded  in  a neat  and  workmanlike  man- 
ner. When  sufficiently  set,  the  walk  shall  be  scored 
or  jointed  three  (3)  inches  deep,  into  blocks  not  to 
exceed  six  feet  square.  Expansion  joints  not  less 
than  one-half  inch  wide  shall  be  placed  at  intervals 
of  not  more  than  fifty  (50)  feet.  When  surface  is 
finished,  it  is  to  be  covered  from  the  sun  by  canvas 
or  other  material  and  kept  moist  by  sprinkling  for 
at  least  five  (5)  days.  Contractors  will  be  required 
to  plainly  stamp  their  name  at  each  end  of  walk. 

Stone  Walks.  Width'  of  Sidewalk.  Except,  as 
the  same  may  be  otherwise  provided  by  ordinance 
in  improvement  districts  or  parked  streets,  all  side- 
walks hereafter  constructed  or  reconstructed  shall 
be  of  the  following  widths: 

On  streets  and  avenues  100  feet  and  140  feet  in 
width,  six  feet. 

On  streets  and  avenues  80  feet  in  width,  six  feet. 

On  streets  and  avenues  60  feet  and  less  than  80 
feet,  four  feet. 

On  streets  and  avenues  50  feet  and  less  than  60 
feet,  four  feet. 

On  streets  and  avenues  40  feet  and  less  than  50 
feet,  four  feet. 

On  streets  less  than  40  feet,  four  feet. 

Provided,  that  where  sidewalks  have  previously 
been  constructed  in  front  of  a majority  of  the  front- 
age on  any  whole  side  of  any  block  at  a different 

432 


distance,  then  the  remainder  of  the  sidewalks  on 
the  same  side  of  such  block  may,  at  the  discretion 
of  the  city  engineer,  be  located  at  like  distance,  so 
that  the  whole  sidewalk  may  conform  to  the  general 
plan. 

Stone  walks  shall  be  constructed  of  suitable 
flagging,  })referably  of  Colorado  crystallized  sand- 
stone, similar  to  stone  from  the  Lyons  quarries. 

For  walks  six  feet  wide,  the  flagging  shall  be 
not  less  than  2 feet  9 inches  by  6 feet  in  superficial 
dimensions;  for  walks  four  feet  wide,  the  flagging 
shall  have  superficial  dimensions  of  4 feet  by  not 
less  than  3 feet;  and  for  walks'over  six  feet  wide,  no 
stone  shall  be  less  than  4 feet  wide  or  contain  less 
than  24  superficial  feet. 

The  thickness  of  flagging  shall  be  as  follows: 
In  walks  over  six  feet  in  width,  not  less  than  four 
(4)  inches  at  any  place;  in  walks  four  feet  wide 
and  six  feet  wide,  not  less  than  three  (3)  inches  at 
any  place.  • 

All  stone  flagging  shall  be  smooth  with  no  pro- 
tuberances of  over  one-fourth  ( % ) inch  on  the  upper 
surface.  They  shall  be  chisel-dressed  on  the  edges 
with  opposite  sides  parallel  and  adjacent  edges  at 
right  angles  and  the  four  edges  shall  be  at  right 
angles  to  the  top  surface  at  every  place,  a.  distance 
of  at  least  one  (1)  inch  down  from  the  surface.  All 
cutting  and  dressing  shall  be  done  l)efore  the  flag- 
ging is  laid  on  the  prepared  bed. 

Flagging  shall  be  laid  with  the  greatest  dimen- 
sion of  the  stone  crossways  of  the  walk,  firmly  and 
evenly  embedded  in  three  (3)  inches  of  clean,  coarse 
sand  to  the  proper  grade  and  pitch,  with  joints  not 
to  exceed  one  (1)  inch  and  said  joints  filled  with 

433 


Portjaiid  cement  i>rout  composed  of  one  (1)  part 
(*ement  and  one  (1)  part  clean  sand. 

AVhenever  flag  sidewalks  are  laid  in  paving  and 
improvement  district  No.  1 and  in  improvement  dis- 
trict No.  1,  the  flags  shall  he  laid  firmly  and  evenly 
embedded  in  three  (3)  inches  of  concrete,  to  the 
])roper  grade  and  i)itch,  with  close  joints  and  the 
joints  filled  with  Portland  cement  grout  composed  of 
one  (1)  part  cement  and  one  (1)  part  clean  sand. 

§842.  Curbs  and  Gutters.  Combined  Curb  and 
Gutter.  (Sec.  2)  For  combined  curb  and  gutter,  the 
same  specifications  for  grading  shall  apply  as  in 
construction  of  sidewalks.  The  top  of  the  finished 
curl)  shall  be  six  (6)  inches  wide  and  built  with  ver- 
tical faces.  The  height  of  the  curb  shall  vary  ac- 
cording to  conditions  and  shall  be  determined  by  the 
city  engineer.  Gutters  shall  be  thirty  (30)  inches 
in  width,  regardless  of  the  width  of  the  street.  The 
gutter  shall  have  a rise  of  three-fourths  (*Fi)  inch 
per  foot  from  the  curb  toward  the  center  of  the 
street  and  shall  be  six  (6)  inches  thick. 

The  curb  and  gutter  shall  be  cut  through  by  the 
use  of  3-16-inch  expansion  plates  at  intervals  of  six 
(6)  feet. 

Mixture.  The  mixture  shall  be  composed  of 
one  (1)  part  cement,  two  (2)  parts  sand  and  four 
(4)  parts  broken  stone  or  gravel;  or  if  a natural 
mixture  of  sand  and  gravel  is  used,  the  mixture 
shall  be  one  (1)  part  cement  to  not  to  exceed  four 
(4)  parts  sand  and  gravel. 

Finish.  When  concrete  has  sufficiently  set,  the 
forms  shall  be  removed  and  the  curb  and  gutter 
finished  with  either  float  or  brush.  Contractors 
shall  plainly  stamp  their  name  at  each  end  of  curb 
and  gutter.  The  whole  shall  be  kept  wet  and  cov- 
ered for  a period  of  five  (5)  days. 

434 


§843.  Waste  Material.  Barricades  and  Lights. 

(Sec.  3)  No  material  shall  be  deposited  on  any  paved 
or  surfaced  street,  without  permission  of  the  street 
department.  Immediately  upon  the  completion  of 
the  work,  all  surplus  material  and  rubbish  resulting 
from  the  construction  of  sidewalks,  curb  or  gutter, 
shall  be  removed  from  the  street  at  the  expense  of 
the  contractor.  All  work  and  material  shall  be  at 
all  times  provided  with  suitable  barricades  and  by 
night  with  red  signal  lights,  to  warn  and  protect 
against  accidents  to  the  public  and  prevent  damage 
to  the  work. 

§844.  Penalty.  (Sec.  4)  Any  person  or  corpo- 
ration violating  any  of  the  provisions  of  this  ordi- 
nance shall  be  fined  not  less  than  ten  nor  moi'e  than 
fifty  dollars  for  each  offense,  and  each  day  that  such 
sidewalk,  curb  or  gutter  shall  remain  so  constructed, 
made  or  rebuilt  in  violation  of  this  ordinance  shall 
be  a separate  and  distinct  offense.  [Ord.  No.  878, 
passed  Oct.  9,  1912.] 

§845.  Concrete  Sidewalks  in  Certain  Improve- 
ment Districts.  (Sec.  1)  That  all  concrete  sidewalks 
constructed  in  paving  and  improvement  district  No. 
1,  and  also  in  improvement  district  No.  1,  in  the  city, 
shall  consist  of  a five-inch  base  of  concrete  mixed 
in  the  proportions  of  seven  parts  of  sand  to  one  part 
cement,  and  one  inch  of  top  or  surface  concrete 
mixed  in  the  proportions  of  two  parts  of  sand  to  one 
part  of  cement. 

An  expansion  space  of  not  less  than  one-half 
inch  shall  be  left  between  the  sidewalk  and  the  curb 
whenever  the  sidewalk  is  extended  to  the  curb  in 
said  above  mentioned  districts. 

§846.  Flag  Sidewalk.  (Sec.  2)  Whenever  flag- 
stone sidewalks  are  laid  in  the  above  districts,  the 

435 


Hag’S  sliaJl  be  laid  firmly  and  evenly  imbedded  in 
three  inches  of  concrete,  to  the  proper  grade  and 
l)itch,  with  close  joints  and  the  joints  filled  with 
Portland  cement  grout  composed  of  one  (1)  part 
cement  and  one  (1)  part  clean  sand. 

§847.  Repeal.  (Sec.  3)  The  ordinance  entitled 
“An  ordinance  concerning  sidewalks,  curbs  and 
gutters,”  No.  799,  passed  April  18th,  1910,  shall  be 
in  full  force  and  effect  in  said  improvement  districts 
except  in  so  far  as  it  is  modified  by  the  provisions  of 
sections  1 and  2 of  this  ordinance.  [C3rd.  No.  874, 
passed  Aug.  7,  1912.]  / 


CHAPTER  IX.' 

OF  PUBLIC  PROPERTY,  HIGHWAYS  AND  PUBLIC 
UTILITIES. 


ARTICLE  1. 

OF  ADDITIONS  TO  THE  CITY. 

§848.  Map.  Approval  by  Council.  (Sec.  1) 
Whenever  any  territory  shall  be  laid  out  and  sur- 
veyed as  an  addition  to  the  city  of  Colorado  Springs, 
such  territory  shall,  upon  the  filing  of  the  map  or 
plat  thereof  in  the  office  of  the  county  clerk  and 
recorder  of  El  Paso  County,  and  another  such  map 
or  plat,  with  the  city  clerk  of  the  city  of  Colorado 
Springs,  to  which  it  is  desired  to  annex  such  terri- 
tory, become  a part  of  said  city,  and  be  included 
within  the  limits  and  jurisdiction  thereof;  provided, 
that  no  map  or  plat  of  such  addition  shall  be  filed 

43d 


for  record  with  the  said  clerk  and  recorder  until  the 
same  has  been,  by  the  owner  or  owners  of  two-thirds 
(2-3)  of  the  area  of  such  contemplated  addition,  sub- 
mitted to  the  city  council  of  said  city  and  approved 
by  three-fonrths  (%)  of  the  members  elected  there- 
to, and  no  map  or  plat  of  such  addition  shall  be 
approved  by  said  council  unless  the  proposed  streets 
and  alleys  therein,  are  in  conformity  as  to  courses 
and  angles  with  the  streets  and  alleys  of  adjoining 
portions  of  said  city,  nor  unless  such  map  or  plat 
shall  show  the  topography  of  such  territory  as  to 
bluffs,  streams,  ditches  and  ravines,  nor  until  all 
taxes  when  assessed  against  such  territory  are  paid, 
and  if  the  said  territory  shall  have  previously  been 
sold  for  taxes  and  not  redeemed  therefrom,  the  owner 
or  owners  thereof  shall  first  redeem  the  said  land 
from  such  tax  sale;  provided,  the  tax  deed  has  not 
issued  thereon. 

§849.  Offering  Lots  for  Sale  Before  Plat  Ac- 
cepted, Forbidden.  (Sec.  2)  It  shall  be  unlawful  for 
any  person  or  persons  to  plat  or  lay  out  into  streets, 
alleys,  blocks  and  lots,  any  land  within  the  corporate 
limits  of  the  city  of  Colorado  Springs,  and  offer  the 
same  for  sale  either  publicly  or  privately,  unless  it 
be  platted  in  strict  conformity  with  the  require- 
ments of  this  ordinance,  and  the  plat  thereof  ac- 
cepted by  the  city  council  of  the  said  city  as  herein 
provided. 

§850.  Survey  Required.  (Sec.  3)  All  such 
lands  and  additions  to  the  city  of  Colorado  Springs, 
hereafter  sought  to  be  laid  out  in  lots,  blocks,  streets 
and  alleys  shall  be  surveyed  by,  or  under  the  direc- 
tion of  the  city  engineer. 

^ ' §851.  Surveys.  Grades.  (Sec.  4)  The  surveys 

of  such  new  additions  shall  define  the  lines  of  streets 
by  means  of  stones  not  less  than  two  feet  long  and 

437 


four  indies  siiuare,  jiroperly  marked  or  iron  bolts 
not  less  than  two  and  one-lialf  feet  king'  and  one  and 
one-lialf  inches  in  diameter,  set  or  driven  one  foot 
below  the  established  grades  of  the  streets  at  all 
])oints  of  intersections  of  range  lines;  said  range 
lines  to  be  run  approximately  twenty  feet  from  the 
northerly  and  westerly  sides  of  each  street.  Stones 
shall  he  planted  at  each  and  every  corner  and  angle 
of  tlie  boundary  of  additions  laid  out  under  this 
ordinance.  Levels  shall  be  taken  over  all  the 
streets  and  avenues  of  such  additions  and  grades 
established  upon  the  same. 

§852.  Map.  Requirements  of.  (Sec.  5)  On 
completion  of  the  surveys,  a ma])  shall  he  made  uni- 
form in  style  and  scale  with  the  official  map  of  the 
city,  on  which  shall  be  shown-  all  distances  and 
angles,  positions  of  range  stones  and  bolts,  locations 
and  elevations  of  bench  marks  and  all  other  data 
which  may  seiwe  to  permanently  establish  and  pre- 
serve the  survey. 

§853.  Profiles.  (Sec.  6)  Profiles  shall  also  be 
made,  uniform  in  style  and  scale  with  the  official 
profiles  of  the  city,  on  which  shall  be  shown  the 
grade  and  grade  elevations  of  the  center  and  side 
lines  of  all  streets,  avenues  and  courts. 

§854.  Maps  and  Profiles.  Filed.  (Sec.  7)  Said 
map  and  profiles  shall  be  certified  by  the  city  engi- 
neer as  to  the  accuracy  of  the  surveys  and  ma])s, 
and  their  conformity  with  the  requirements  of  this 
ordinance,  and  shall  be  presented  to  the  city  council 
for  formal  acceptance.  When  so  accepted,  they  shall 
be  endorsed  as  ‘‘Approved  by  the  city  council’^  and 
attested  by  the  city  clerk.  The  original  maps  and 
]u*ofiles  shall  be  filed  with  the  city  clerk,  and  shall 
l)e  o])en  to  inspection  at  all  reasonable  hours,  to  prop- 

438 


erty  owners  and  others  interested  in  sneli  nia])s  and 
profiles,  and  dni)licates  of  such  maps  sliall  l)e  tiled 
with  the  city  en,i>ineer  and  comity  clerk  and  recorder 
as  required  hy  law. 

§855.  Changes  on  Profiles.  Duty  of  City  En- 
gineer. (b'ec.  8)  It  shall  be  the  duty  of  the  city  en- 
gineer to  make  such  alterations  upon  the  official 
profiles  of  all  the  several  divisions  and  uj^on  the 
duplicates  of  said  profiles,  that  may  from  time  to 
time  become  necessary  to  indicate  any  changes  that 
may  have  been  made  by  order  of  the  city  council,  or 
may  hereafter  he  ordered  in  the  established  grade 
of  any  street  or  part  of  street. 

§856.  Grading  of  Streets.  Ditch  Boxes.  (Sec. 
9)  All  streets  sliall  he  graded  to  the  official  grade 
as  established  hy  the  city  engineer  and  accepted  by 
the  city  council.  Ditchboxes  shall  be  placed  at  all 
street,  alleys  and  sidewalk  crossings,  and  said 
ditchboxes  shall  conform  to  the  ordinances  now  in 
force  relating  to  ditchboxes,  and  must  extend  the 
full  width  of  said  streets,  alleys  and  sidewalks. 

§857.  Sewers.  Water  Pipes.  When  May  Be 
Laid.  (Sec.  10)  No  sewer  or  water  pipes  in  any 
proposed  addition  to  said  city  shall  be  laid  or  placed 
therein  by  the  city  of  Colorado  Springs,  until  the 
said  proposed  addition  be  platted  as  herein  provided 
and  accepted  by  the  city  council  as  an  addition  to 
said  city.  All  water  mains  shall  be  laid  and  placed 
therein  under  the  direction  and  supervision  of  the 
city  engineer. 

§858.  Penalty.  (Sec.  11)  Any  person  or  per- 
sons violating  any  of  the  provisions  of  this  or- 
dinance shall  upon  conviction,  be  fined  in  a sum  not 
less  than  one  hundred  dollars  ($100)  nor  more  than 
three  hundred  dollars  ($300)  for  each  offense.  [Ord. 
No.  665,  passed  Jan.  18,  1904.] 

439 


ARTICLE  2. 

PROTECTION  OF  STREETS  AND  PAVEMENTS. 


§859.  Parking*  Districts.  Restrictions  Upon 
Heavy  Vehicles.  (See.  1)  That  within  the  limits  of 
all  parking-  distriets  of  the  city  of  Colorado  Springs, 
as  the  same  are  now  constituted  or  may  hereafter 
be  constituted,  no  vehicle  except  automobiles  pro- 
vided with  rubber  tires,  shall  be  permitted  to  enter 
upon  or  travel  over  the  streets,  the  weight  and 
burden  of  which  combined  shajl  exceed  twenty-five 
hundred  (2500)  pounds;  provided,  however,  that 
such  vehicles  shall  be  permitted  to  cross  the  said 
parking*  districts  at  the  street  intersections;  and 
provided,  further,  that  such  vehicles  shall  be  per- 
mitted to  enter  upon  said  ]3arking  districts  and  to 
traverse  the  same  for  a distance  not  exceeding  one- 
half  block  when  necessary  to  deliver  goods  to  a lot 
or  lots  fronting  and  abutting  on  such  parking 
districts,  and  which  have  not  a rear  entrance  at 
which  said  goods  can  be  delivered. 

§860.  Penalty.  (Sec.  2)  Any  ])erson  or  persons, 
and  the  owner  of  any  vehicle  violating  any  of  the 
provisions  of  this  ordinance  shall  be  punished  by  a 
fine  of  not  less  than  two  dollars  ($2)  and  not  more 
than  twenty-five  dollars  ($25)  for  each  and  every 
offense.  [Ord.  No.  622,  passed  Feb.  27,  1903.] 

§861.  Vehicles  on  Portion  of  Cascade  Avenue. 

(Sec.  1)  That  no  person  shall  cause  any  vehicle 
weighing,  with  its  load,  more  than  2,500  pounds,  ex- 
cept such  vehicles  as  are  provided  with  rubber  tires 
or  with  metal  tires  not  less  than  five  (5)  inches  wide, 
to  travel  on  or  pass  over  that  part  of  Cascade  avenue 
between  Platte  avenue  and  Madrson  street;  ])ro- 
vided,  however,  that  any  vehicle  shall  be  permitted 
to  cross  said  ])art  of  said  avenue  at  auy  street  inter- 
section. 


440 


§862.  Penalty.  (Sec.  2)  Any  person  violating 
any  of  the  provisions  of  tliis  ordinance  sliall  be 
punished  by  a fine  of  not  less  tlian  two  dollars  ($2) 
and  not  more  than  twenty-five  dollars  ($25)  for 
each  and  every  offense.  [Ord.  No.  756,  passed  Ang. 
31,  1908.] 

§863.  Vehicles  on  Portion  of  Tejon  Street. 

(Sec.  1)  It  shall  be  nnlawfnl  for  any  person  to  drive 
or  cause  any  vehicle  weighing,  with  its  load,  more 
than  2,500  pounds,  except  such  vehicles  as  are  pro- 
vided with  rubber  tires  or  with  metal  tires  not  less 
than  five  (5)  inches  wide,  to  travel  on  or  pass  over 
that  part  of  Tejon  street  between  Harrison  street 
and  Platte  avenue;  provided,  however,  that  any 
vehicle  shall  be  permitted  to  cross  said  part  of  said 
street  at  any  street  intersection.  . .. 

§864.  Penalty.  (Sec.  2) 'Any  person  violating: 
any  of  the  provisions  of  this  ordinance,  shall  be  fined 
not  less  than  two  nor  more  than  twenty-five  dollars 
for  each  and  every  offense.  fOrd.  No.  803,  ])assed 
Apr.  13,  1910.] 

§865.  Vehicles  on  Portion  of  Nevada  Avenue. 

(Sec.  1)  It  shall  be  nnlawfnl  for  any  person  to  drive 
or  cause  any  vehicle  weighing,  with  its  load,  more 
than  2,500  pounds,  except  such  vehicles  as  are  pi'o- 
vided  with  rubber  tires  or  with  metal  tires  not  less 
than  five  (5)  inches  wide,  to  travel  on  or  pass  over 
that  part  of  Nevada  avenue  between  llari  ison  street 
and  Platte  avenue:  provided,  however,  that  any 
vehicle  shall  be  permitted  to  cross  said  ])art  of  said 
avenue  at  any  street  intersection. 

§866.  Penalty.  ( Sec.  2)  Any  person  violating 
any  of  the  provisions  of  this  ordinance,  shall  be 
fined  not  less  than  two  nor  more  than  twenty-five 
dollars  for  each  and  every  offense.  fOrd.  No.  80-f, 
passed  Apr.  13,  1910.] 


441 


ARTICLE  3. 


RK(;r LATINO  EXCLWATION  IN  STREP]TS 


AND  ALLEYS. 


§867.  No  Excavations  in  Streets  and  Alleys 
Without  Permits  and  Deposits.  (Sec.  1)  It  shall  be 
unlawful  for  any  person  to  make  any  excavation, 
except  holes  for  trees  or  shrubbery,  or  holes  for 
posts  or  poles,  in  any  street,  avenue  or  alley  in  this 
city  without  first  obtaining-  a permit  so  to  do  from 
the  department  of  public  works  and  property,  and 
depositing-  with  the  city  treasurer  the  sum  of  money 
recpiired  by  this  ordinance. 

§868.  Application.  Deposit.  (Sec.  2)  Before 
any  person  shall  make  any  excavation,  except  holes 
for  trees  or  shrubbery,  for  posts  or  poles,  in  any 
street,  avenue  or  alley  of  this  city  he  shall  file  with 
the  department  of  public  works  and  property  an 
^application  for  a ]>ermit  to  make  such  excavation. 
Such  application  shall  recite  specifically,  and  il- 
lustrate by  sketch  or  plan,  the  exact  location,  depth, 
extent  and  nature  of  the  excavation  desired  to  be 
made,  and  state  the  ])urpose  for  which  the  privilege 
is  requested,  and  the  duration  of  the  time  required 
for  its  execution.  The  application  shall  be  accompa- 
nied by  a receipt  from  the  city  treasurer  showing  that 
the  applicant  has  deposited  with  the  city  treasurer 
to  the  credit  of  the  excavation  fund  for  the  depart 
ment  of  ])ublic  works  and  property,  or  has  to  his 
credit  in  said  fund  the  amount  of  money,  herein 
specified,  to-wit:  Twenty-five  dollars  for  each  fifty 

lineal  feet  of  trench  or  fractional  part  thereof  to  be 
excavated  in  gravel,  disintegrated  granite  or  other 
earth  fillers;  fifty  dollars  for  each  fifty  lineal  feet  or 
fractional  part  thereof  to  be  excavated  in  cement  or 
macadam  or  bituminous  i)aving.  Whenever  the 

442 


sum  (le])osited  l)v  any  person  with  the  treasurer  as 
above  ])rovided  amounts  to  the  sum  of  one  liundred 
and  tweiity-tive  dollars  for  excavations  to  be  made 
in  gravel,  disintegrated  granite  or  other  earth  filler, 
and  two  hundred  and  fifty  dollars  for  excavating  in 
cement,  macadam  and  l)itnminons  paving  it  shall 
not  he  necessary  for  such  person  to  deposit  any  ad- 
ditional sum,  except  such  amount  as  shall  he  re- 
(piired  to  keep  the  money  to  the  credit  of  said  person 
equal  to  the  amount  of  one  hundred  and  twenty-five 
dollars  and  two  hundred  and  fifty  dollars  respec- 
tively in  order  to  procure  a permit  to  excavate  in 
said  materials  in  the  streets,  avenues  and  alleys  of 
the  city.  Whenever  the  whole  or  any  part  of  said 
deposit  shall  have  been  expended  for  the  purpose 
hereinafter  mentioned,  no  new  permit  for  excava- 
tions shall  he  issued  until  the  fund  is  made  to  equal 
the  amount  above  required  by  further  deposit  with 
the  city  treasurer. 

The  treasurer  shall  issue  duplicate  receipts  for 
all  moneys  paid  him  under  the  provisions  of  this 
section;  one  of  said  receipts  shall  be  delivered  to  the 
person  making  the  payment  and  the  other  shall  be 
delivered  to  the  auditor  who  shall  keep  correct 
records  of  account  with  all  persons  making  deposits 
with  the  treasurer  as  above  provided.  He  shall 
credit  said  accounts  with  all  sums  paid  and  charge 
them  with  such  amounts  as  shall  be  certified  by  the 
department  of  public  works  and  property  to  be  due 
said  department  for  services  rendered  on  account  of 
excavations  made  by  said  persons  as  hereinafter 
provided.  He  shall  furnish  a statement  of  the  bal- 
ance of  each  account  on  demand  of  the  person  hav- 
ing such  account  or  on  request  from  the  department 
of  public  works  and  property,  and  shall  issue 
warrants  on  the  treasurer  for  the  return  of  the  un- 
expended portion  of  said  funds  when  directed  so  to 

443 


do  by  tlie  department  of  public  works  and  property 
as  hereinafter  ])rovided;  and  he  shall  credit  the  ap- 
propriation of  the  said  department  with  all  sums 
which  have  been  charged  against  said  deposits  for 
ex])enditures  made  by  said  department  on  account 
of  excavations  which  have  been  made  *by  said 
depositors. 

The  treasurer  shall  keep  all  moneys  paid  him 
under  the  provisions  of  this  section  in  a separate 
fund  to  be  designated  as  the  excavation  fund,  and 
said  fund  shall  never  become  a part  of  the  general 
fund  of  the  city,  but  said  fund  shall  be  kept  exclu- 
sively for  the  purpose  of  returning  the  amounts  due 
the  depositors  as  herein  provided,  and  of  reimburs- 
ing the  department  of  public  works  and  property  for 
the  expenditures  made  on  behalf  of  excavations 
made  by  said  depositors. 

Any  person  who  has  made  a de])osit  with  the 
treasurer  for  the  i)urpose  of  securing  a permit  to 
excavate  in  the  streets,  avenues  and  alleys  of  the 
city  as  herein  provided,  may  withdraw  said  de- 
])osits,  or  so  much  thereof  as  shall  remain  unex- 
pended, by  securing  from  the  department  of  public 
works  and'-property  a voucher  stating  tlie  amount 
that  is  due  said  party  under  the  provisions  of  this 
ordinance.  Said  voucher  shall  be  presented  to  the 
auditor  who  shall  draw  a warrant  on  the  treasurer 
to  be  paid  out  of  the  excavation  fund  for  such  bal- 
ance of  said  deposit  as  shall  be  shown  by  said 
voucher  to  be  due  said  depositor,  and  the  treasurer 
shall  pay  said  warrant  so  drawn  out  of  the  moneys 
in  said  excavation  fund,  and  take  a receipt  in  full  of 
all  claims  against  the  city  on  account  of  said  ])ay- 
ments. 

The  department  of  public  works  and  y^roperty 
shall  charge  against  each  y)erson  to  whom  a y)ermit 

444 


to  excavate  is  issued  all  expenses  incurred  by  said 
department  in  complying  with  the  provisions  of  this 
ordinance  relating  to  tilling  excavations,  restoring 
and  maintaining  streets,  avenues  and  alleys  for  one 
year  as  herein  provided,  and  shall  on  demand  of  any 
person  to  whom  a permit  has  been  issued,  at  the  ex- 
piration of  one  year  from  the  time  of  the  completion 
of  said  excavation,  issue  a voucher  showing  the  bal- 
ance, if  any,  due  said  person  oiit  of  the  deposit  made 
by  him  as  herein  provided.  The  said  department 
shall  also  furnish  the  auditor  a statement  of  all  sums 
expended  by  it  under  the  provisions  of  this  or- 
dinance on  account  of  any  excavation  made  by  any 
person  to  whom  a permit  has  been  issued. 

§869.  Regulations  Governing  Excavations. 
(Sec.  3)  No  excavation  shall  be  made  in  any  public 
street,  alley  or  highway  more  than  two  blocks  in 
length  at  any  one  time,  except  by  special  permit 
from  the  department  of  public  works  and  property. 

In  all  cases  where  excavations  are  made  entirely 
across  the  public  highway  a substantial  driveway 
shall  be  maintained  by  the  party  making  the  exca- 
vation across  such  public  highway,  until  such  ex- 
cavation is  refilled  and  approved  by  the  superin- 
tendent of  streets. 

In  making  excavations  in  any  public  street, 
avenue  or  alley  the  surface  material  and  earth  re- 
moved must  be  kept  separate  and  deposited  in  a 
manner  that  will  occasion  the  least  inconvenience  to 
the  public,  with  provision  for  proper  surface  drain- 
age and  a safe  passageway  for  travel.  The  refilling 
with  earth  of  all  trenches  made  in  any  public  street, 
alley  or  highway  shall  be  done  at  once,  in  thin 
layers,  not  exceeding  six  inches  in  depth,  firmly 
rammed  with  a rammer,  weighing  not  less  than  one 
pound  per  square  inch  of  surface  of  the  end  of  the 


445 


rammer,  until  the  excavation  is  filled  up  to  the 
proper  line  for  ])lacing  the  wearing  surface  or  pave- 
ment thereon.  But  in  case  the  said  refilling  is  not 
done  to  the  entire  satisfaction  of  the  superintendent 
of  streets,  then  the  su])erintendent  of  streets  shall 
have  the  right  to  take  out  all  earth  from  the  excava- 
tion, and  have  the  same  refilled  at  the  expense  of  the 
])arty  who  made  the  excavation,  and  charge  the  cost 
thereof  against  the  de])osit  of  money  belonging  to 
the  aforesaid  party.  The  . street  or  alley  wearing 
surface  or  pavement,  after  refilling,  shall  be  placed 
in  as  good  shape  and  condition  as  it  was  before  the 
excavations  were  made.  All  deficiencies  in  material 
shall  l)e  made  good  with  new  material  by  the  party 
making  the  excavation.  Whenever  a trench  is  exca- 
vated in  any  inihlic  street,  avenue  or  alley  upon 
which  is  laid  a pavement  of  granite,  brick,  asphalt, 
hituniinous  macadam  or  wood  blocks,  the  superin- 
tendent of  streets  shall  direct  how  much  of  the  pave- 
ment it  will  be  necessary  to  remove,  and  how  much 
of  the  old  paving  material  can  be  nsed  again.  The 
l)avenient  shall  be  restored  in  a firm  and  stable  man- 
ner. Whenever  a ])avement  is  laid  on  a concrete 
foundation,  fresh  cement  shall  be  used  to  replace 
the  old  concrete  taken  out,  and  the  old  concrete  may 
be  used  as  a ])artial  filler,  and  not  hauled  away. 
The  new  concrete  and  the  pavement  proper  shall  im- 
mediately thereafter  be  replaced  in  a good  and  work- 
man like  manner.  Whenever  any  of  the  aforesaid 
work  is  not  done  strictly  in  accordance  with  this 
ordinance,  or  in  compliance  with  such  rules  and 
regulations  as  may  be  prescribed  by  the  commis- 
sioner of  public  works  and  property,  or  is  not  prop- 
erly maintained  for  a period  of  one  year  after  the 
conpdetion  of  the  said  work,  the  said  su])erintendeut 
of  streets  shall  cause  all  such  work  to  be  done  and 
the  cost  thereof  shall  be  charged  against  the  deposit 

446 


liereiiibefore  provided.  II;*  the  amount  (le])osited  ))y 
the  liolder  of  a i)ermit  is  insufficient  to  ])ay  the  en- 
tire ex})ense  of  replacing'  any  paving  or  surface  ma- 
terial in  as  good  condition  as  before  making  the 
excavation,  the  person  to  wliom  such  permit  to  ex- 
cavate was  issued  shall  pay  to  the  treasurer  such 
deficiency  within  ten  days  after  notice  from  the 
department  of  public  works  and  property  of  the 
amount  thereof.  The  replacement  of  wearing  sur- 
face of  paved  streets,  avenues  or  alleys  shall  be  done 
by  the  city.  Every  person  making  an  excavation 
in  any  street,  avenue  or  alley,  under  a permit  issued 
as  herein  provided,  shall  immediately  after  filling 
said  excavation  file  a report  with  the  commissioner 
of  public  works  and  property,  giving  the  date  when 
the  work  of  filling  said  trench  was  completed. 

It  shall  be  unlawful  to  tunnel  under  any  paved 
street,  avenue  or  alley.  Excavations  in  any  paved 
street  shall  be  by  continuous  trench. 

§870.  Excavations  in  Streets.  Red  Lights. 

(Sec.  4)  It  shall  be  unlawful  for  any  city  and  county 
officer,  contractor  or  other  person  whomsoever  in 
this  city,  to  dig  any  hole  or  make  any  excavation, 
drain  or  ditch  in  any  street,  avenue,  alley  or  other 
public  place  within  the  corporate  limits  of  the  city, 
without  providing  during  the  night  time  sufficient 
red  lights,  to  be  placed  with  a temporary  fence  or 
suitable  obstruction  around  or  in  front  of  such  hole, 
excavation,  drain  or  ditch,  in  order  to  prevent  per- 
sons, animals  or  vehicles  from  running  into  the 
same;  and  every  person  violating  the  provisions  of 
this  section  shall,  upon  conviction  thereof,  be  fined 
for  each  and  every  offense  a sum  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars. 

§871.  Permit  Constantly  on  Ground  During 
Work.  Duty  of  Police.  (Sec.  5)  Such  permit  must 

447 


Ik*  kept  (‘oiLstaiitly  on  the  ground  during  tjie  entire 
progress  of  tlie  work,  and  exhibited  to  any  citizen 
or  official  asking  to  see  the  same.  It  is  liereby  made 
the  duty  of  each  regular  police  officer  to  inquire  for 
permits  of  workmen  excavating  in  streets,  alleys  or 
walks  on  his  beat,  and  to  stop  any  such  work  which 
is  ]n‘Oceeding  without  a proper  permit,  as  aforesaid, 
and  to  arrest  and  bring  before  the  police  magis- 
trate’s court  the  workmen  or  others  engaged  there- 
in, and  to  enter  a complaint  against  such  person  or 
persons  for  a violation  of  this  ordinance. 

§872,  Record  of  Applications.  Map  or  Plan  of 
City.  Information  to  Department.  (Sec.  6)  It  shall . 
be  the  duty  of  the  department  of  public  works  and 
})roperty  to  keep  a record  of  all  applications  so 
made,  and  of  permits  so  issued,  and  to  prepare  and 
keep  in  its  office  a map  or  plan  of  the  city  showing 
the  exact  locations,  as  near  as  may  be,  of  each  and 
every  pipe  line,  cesspool,  or  other  structure  placed 
in  any  street,  alley  or  walk  thereof,  and  for  this  pur- 
pose it  is  hereby  made  the  duty  of  every  person  or 
persons,  company  or  corporation,  to  furnish  on  re- 
quest of  said  department  such  information  as  he,  they 
or  it  possess  regarding  the  location  in  any  street, 
alley  or  walk  of  the  city,  cesspool  or  other  structure. 

§873.  Additional  Concrete,  When  Required  to 
be  Laid  by  Owners.  (Sec.  7)  If  for  any  cause  exca- 
vations are  made  in  any  street  or  alley  within  thirty 
days  next  preceding  the  time  that  paving  contract- 
ors are  by  order  to  begin  work  in  paving  the  same, 
or  if  such  excavations  are  made  after  the  concrete 
])ase  of  such  proposed  pavement  is  laid  before  the 
covering  of  the  same  with  the  wearing  surface,  then 
the  person,  persons  or  company  making  such  exca- 
vations shall,  when  ordered  by  the  department  of 
public  works  and  property,  and  according  to  the 
specifications  of  such  department,  lay  or  pay  for  the 

448 


layiii!L>-  of  at  least  six  inches  additional  thickness  of 
such  base  above  what  is  provided  for  in  the  speci- 
fications for  such  pavement,  and  extending*  to  a 
s])ace  of  not  less  than  two  feet  on  each  side  of  the 
space  actually  excavated. 

§874.  Excavating  Streets,  Etc.,  for  Laying 
Ties  Without  Permit,  Prohibited.  (Sec.  8J  It  shall 
be  unlawful  for  any  person,  firm  or  corporation,  to 
dig*  up,  o])en,  or  excavate,  or  cause  to  be  dug  up. 
opened  or  excavated  any  street,  alley  or  public  place 
within  the  city  for  the  purpose  of  laying  ties  or  rails 
of  any  railroad  thereon,  or  lay  or  cause  *to  be  laid 
any  railroad  tracks,  or  ties,  or  any  part  of  the 
structure  or  material  therefor,  in,  along*  or  upon  any 
street,  alley  or  public  place  within  the  city,  without 
first  having*  obtained  permit  therefor  from  the  de- 
partment of  public  works  and  property  of  said  city. 

§875.  Water  and  Sewer  Departments  Must 
Procure  Permits.  No  Deposit.  (Sec.  9)  Both  the 
water  and  the  sewer  departments  of  the  city  shall 
procure  permits,  except  in  cases  of  emergency,  be- 
fore making  any  excavation  in  any  street,  avenue 
or  alley  of  the  city.  When  an  excavation  is  begun 
or  made  by  reason  of  an  emergency  by  either  of  said 
departments,  it  shall  be  the  duty  of  such  depart- 
ment as  soon  as  practicable  after  beginning  such 
excavation  to  report  the  same  to  the  department  of 
public  works  and  property,  and  to  procure  a permit 
covering*  the  work  done  and  to  be'  done.  The  de- 
partment of  public  works  and  property  shall  have 
authority,  when  deemed  advisable,  to  designate 
some  person  or  persons  in  either  the  water  or  the 
sewer  department  to  act  as  inspector  or  inspectors 
over  excavations  made  by  said  departments.  The 
water  and  the  sewer  departments  shall  each  pay  to 
the  department  of  public  works  and  property  any 
and  all  expenses  incurred  by  it  for  filling  excava- 

449 


tioiis  and  I'estoriiig  streets,  avenues  and  alleys  to  a 
eondition  satisfactory  to  said  dex^artment,  and  the 
water  and  tlie  sewer  department  shall  com])ly  with 
all  the  i>rovisions  of  this  ordinance  relating  to  exca- 
vations and  the  manner  of  taking  care  of  and  filling 
the  same.  It  shall  not  be  necessary  for  either  of 
said  dei)artments  to  make  any  deposit  with  the  city 
treasurer  in  order  to  procure  x^ermits  to  make  exca- 
vations. 

§876.  Penalty.  (Sec.  10)  Any  person  violating 
any  of  the  x^rovisions  of  this  ordinance  shall,  on  con- 
viction, be  fined  not  less  than  five  nor  more  than  one 
hundred  dollars  for  each  offense. 

§877.  Construction  of  “Person.”  (Sec.  11)  The 
word  “x>erson”  in  this  ordinance  shall  be  construed 
to  mean  person,  firm,  association  or  corporation. 
[Ord.  No.  875,  x^assed  Aug.  7,  1912,  as  amended  by 
Ord.  No.  892,  x^^ssed  Jan.  29,  1913.] 


ARTICLE  4. 

REGULATING  THE  USE  AND  CARE  OF 
STREETS  AND  ALLEYS. 

§878.  Posting  Bills,  Etc.  Erecting  Signs, 
General  Regulations.  (Sec.  3)  No  person,  firm  or 
corporation  shall  attach  or  shall  cause  or  allow  any 
of  his  or  their  or  its  subordinates  or  employes  to 
attach  to  any  lampost,  telegraph  or  telephone  pole, 
hydrant,  hitching  post  or  any  other  erection  or 
building  wherever  situated  in  or  upon  any  of  the 
streets,  avenues,  alleys  or  sidewalks,  crosswalks  or 
other  public  ways  of  this  city,  or  upon  any  erection 

450 


or  biiildiiii>’  adjoining’  any  of  the  public  streets,  ave- 
nues, alleys,  sidewalks,  crosswalks  or  other  public 
ways  of  this  city,  any  bills,  notices,  letters,  pictures, 
or  characters  of  any  kind  whatever  for  the  pur])ose 
of  advertising-  any  show,  ]3erforrnance,  business  or 
entertainment;  provided,  however,  that  nothing  in 
this  section  shall  be  construed  as  affecting  the  post- 
ing of  bills,  notices,  letters,  pictures  or  characters 
by  licensed  bill  posters  upon  private  property  as 
provided  by  ordinance  of  this  city;  also  provided, 
that  owners  or  occupants  of  any  building  shall  be 
permitted  to  attach  securely  to  such  buildings,  signs, 
etc.,  advertising  the  business  carried  on  in  such 
building,  such  signs,  etc.,  not  to  project  over  12 
inches  from  said  building,  except  as  hereinafter 
provided,  to-wit:  The  city  council,  Avith  the  ap- 

proval of  the  mayor,  may  grant  permission  to  the 
owner  or  occupant  of  any  building  to  securely  attach 
to  such  buildings  a sign  or  signs  advertising  the 
business  carried  on  therein,  the  lowest  portion  of 
said  sign  or  signs  to  be  elevated  at  least  eight  feet 
from  the  surface  of,  and  not  to  project  to  exceed 
eighteen  inches  over  the  alley  or  sidewalk;  except 
that  the  city  council  with  the  approval  of  the  mayor, 
may  grant  permission  to  the  owner  or  occupant  of. 
any  building  to  securely  attach  to  such  buildings 
an  electric  sign  or  signs,  provided  that  the  lowest 
portion  of  any  such  sign  or  signs  projecting  over 
any  alley  or  sidewalk  shall  be  elevated  not  less  than 
eight  feet  from  the  surface  of  such  alley  or  sidewalk, 
and  if  such  sign  or  signs  project  more  than  six  feet 
and  not  more  than  eight  feet  over  any  alley  or  side- 
walk, the  lowest  portion  thereof  shall  be^  elevated 
not  less  than  twelve  feet  from  the  surface  of  such 
alley  or  sidewalk,  and  if  any  such  sign  or  signs  pro- 
ject more  than  eight  feet  and  not  more  than  ten 
feet  over  any  alley  or  sidewalk,  the  lowest  portion 


451 


thereof  shall  he  elevated  not  less  than  sixteen  feet 
from  the  surface  of  such  alley  or  sidewalk,  and  if  any 
such  sign  or  signs  project  more  than  ten  feet  and 
not  more  than  twelve  feet  over  any  alley  or  side- 
walk, the  lowest  portion  thereof  shall  be  elevated 
not  less  than  thirty  feet  from  the  surface  of  such 
alley  or  sidewalk;  and  provided  further,  that  no 
permit  shall  l)e  granted  for  any  such  sign  or  signs 
to  project  more  than  twelve  feet  over  any  alley  or 
sidewalk.  Any  permit  or  permits  granted  as  above 
provided  shall  be  issued  in  writing  by  the  building- 
inspector  of  this  city,  who  shall  supervise  the  erec- 
tion of  all  such  sign  or  signs.  He  shall  collect  a fee 
of  fifty  cents  for  each  permit  before  issuing  the 
same,  which  fee  shall  be  paid  to  the  city  treasurer 
in  like  manner  as  other  fees  of  his  office. 

When  in  the  judgment  of  the  city  council  of 
said  city  any  such  sign  shall  not  be  maintained  in 
a safe  condition  or  shall  have  been  abandoned  as  an 
electric  sign  by  nonuse,  it  shall  order  the  same  to 
be  removed  within  five  days  and  any  person  failing 
to  comply  with  such  order  shall  be  deemed  guilty  of 
a misdemeanor.  Each  day  such  sign  shall  remain 
after  the  expiration  of  said  five  days’  notice,  shall 
be  held  to  constitute  a separate  offense  hereunder. 

Any  person  violating  any  of  the  provisions  of 
the  foregoing  section  shall,  upon  conviction,  be  fined 
in  any  sum  not  less  than  five  dollars  nor  more  than 
fifty  dollars  for  each  and  every  offense. 

§879.  Signs.  Failure  to  Remove  After  Notice. 
Penalty.  (Sec.  4)  All  signs,  structures  or  other  de- 
vices of  any  description  whatsoever  for  advertising- 
purposes  which  have  been  erected  or  put  up  over, 
across  or  upon  any  street,  avenue,  alley,  sidewalk 
or  crosswalk  or  other  public  way  of,  the  city  of  Colo- 
rado S])rings,  which  if  allowed  to  remain  would  be 

452 


in  violation  of  section  3,  shall  be  removed  forthwith, 
and  any  person  who  shall  neglect  or  refuse  to  re- 
move the  same  within  ten  days  after  the  passage 
and  approval  of  this  ordinance,  or  after  notice  given 
by  the  chief  of  police,  shall,  upon  conviction,  be 
fined  in  a sum  not  less  than  five  nor  more  than  one 
hundred  dollars. 

§880.  Wooden  Awnings,  Etc.,  Prohibited. 
When  Condemned.  Penalty.  (Sec.  5)  Hereafter 
no  wooden  awning,  porch,  gallery  or  balcony,  and 
no  outside  stairs  (except  those  used  for  fire  escapes), 
or  approaches  to  cellars,  that  may  extend  or  open  on 
any  sidewalk,  street  or  alley,  shall  be  erected  or 
built  within  the  city. 

No  repairs  shall  be  made  upon  any  wooden 
awning,  i3orch,  gallery,  or  balcony,  nor  upon  any 
outside  stairs  or  approaches  to  cellars  extending 
into  or  over,  or  opening  upon  any  sidewalk,  street 
or  alley  in  this  city;  but  whenever  the  same  shall  be- 
come unsafe  or  dangerous  by  reason  of  natural  de- 
cay, or  for  other  reason,  they  shall  be  declared  to  be 
a nuisance,  and  the  commissioner  of  public  works 
and  property  shall  proceed  to  condemn  the  same  and 
order  such  structure  so  condemned  to  be  taken 
down  and  removed.  If  the  owner,  agent  or  occu- 
pant of  the  building  to  which  said  structure  is  at- 
tached shall  refuse,  fail  or  neglect  to  comply  with 
such  order  within  ten  days  after  personal  notice  so 
to  do,  is  served  upon  him  by  the  said  commissioner, 
the  same  shall  be  taken  down  and  removed  under 
direction  of  said  commissioner.  Any  person  vio- 
lating any  of  the  provisions  of  this  section  shall, 
on  conviction,  be  fined  not  less  than  ten  nor  more 
than  one  hundred  dollars. 

§881.  Canvas  Awnings.  When  Permitted. 
Penalty.  (Sec.  6)  Canvas  awnings  supported  by  an 

453 


iron  framework,  securely  attached  to  the  building- 
in  front  of  which  said  awning  shall  be  constructed 
or  suspended,  every  part  of  which  framework  and 
awning-  shall  be  at  least  seven  feet  above  the  side- 
walk, may  be  constructed,  to  project  over  the  side- 
walk not  to  exceed  ten  feet.  If  any  person  shall 
hereafter  erect  any  awning  contrary  to  the  provi- 
sions hereof,  every  such  person  shall,  upon  convic- 
tion, be  fined  in  the  sum  of  ten  dollars,  and  the 
further  sum  of  ten  dollars  for  each  and  every  week 
he  shall  fail,  neglect  or  refuse  to  remove  or  alter 
such  awning  after  the  first  conviction. 

§882.  Water  in  Pools  on  Sidewalk.  Penalty. 

(Sec.  7)  All  persons  shall  keep  the  sidewalk  abut- 
ting the  premises  owned  or  controlled  by  them  so 
graded  that  water  will  not  stand  in  pools  upon  such 
sidewalk,  and  if  any  person  shall  suffer  water  to 
stand  in  pools  upon  such  sidewalk,  such  person 
„ shall  be  liable  to  a fine  of  not  more  than  twenty-five 
dollars  for  each  offense. 

§883.  Irrigation  Boxes  Crossing  Sidewalk.  Left 
Uncovered.  Penalty.  (Sec.  8)  It  shall  be  the  dui> 
of  any  and  all  persons  owning,  or  in  charge  of,  any 
lot  or  premises  having  boxes  for  irrigation  crossing 
the  sidewalk  abutting  said  lot  or  premises,  to  keep 
said  boxes  securely  covered,  and  if  any  boxes  afore- 
said remain  uncovered  or  broken  in  for  twenty-four 
hours  the  owner  or  agent  as  aforesaid  shall  be  liable, 
upon  conviction,  to  a fine  of  not  less  than  two  dollars 
nor  more  than  twenty-five  dollars. 

§884.  Hitching  Posts  and  Rings.  Regulations. 
Penalty.  (Sec.  9)  Posts  or  rings  for  the  purpose  of 
hitching  or  fastening  horses  may  be  placed  in  the 
sidewalk  in  front  of  any  building,  immediately  with- 
in the  curbstone  or  outer  line  of  the  sidewalk;  but 
no  such  posts  shall  be  placed  nearer  than  fifteen  feet 

454 


apart,  or  witliin  five  feet  of  a ti’ee;  all  of  sueli  posts 
shall  be  of  iron  or  other  metal  and  shall  not  be  more 
than  four  feet  in  lieight,  and  four  inches  in  diameter, 
above  the  sidewalk.  Any  person  violating  the  pro- 
visions of  this  section  shall,  upon  conviction,  be 
fined  in  a sum  not  less  than  five  nor  more  than  fifty 
dollars,  for  each  and  every  offense. 

§885.  Gate.  Left  Open  Over  Sidewalk  or  Alley. 
Penalty.  (Sec.  10)  No  gate,  door  or  similar  con- 
struction shall  be  allowed  to  remain  open,  over  or 
across  any  alley  or  sidewalk  of  this  city,  so  as  to  in 
any  manner  interfere  with  the  free  use  of  the  alley 
or  sidewalk.  Any  person  violating  the  provisions 
of  this  section  shall,  upon  conviction,  be  fined  in  any 
Slim  not  less  than  one  nor  more  than  fifty  dollars. 

§886.  Horses  or  Vehicles  on  Sidewalk  or  Cross- 
ing. Penalty.  (Sec.  11)  No  person  shall  ride,  drive 
or  lead  any  horse  or  other  work  animal,  either  at- 
tached to  any  vehicle  or  otherwise,  on  any  sidewalk 
within  this  city  except  when  necessary  for  the  deliv- 
ery of  fuel  or  merchandise  to  the  person  occupying 
the  abutting  premises,  and  no  person  shall  cause 
any  horse  or  work  animal  or  any  vehicle  of  any^kind 
to  stand  on  any  street  crossing  in  such  way  as  to 
hinder  free  passage  on  said  street  crossing.  Any 
person  violating  the  provisions  of  this  section  shall, 
upon  conviction,  be  fined  in  any  sum  not  to  exceed 
twenty-five  dollars. 

§887.  Snow  on  Sidewalk.  Removal  of.  Pen- 
alty. (Sec.  12)  It  shall  be  the  duty  of  every  owner 
or  occupant  of  any  premises  fronting  on  any  public 
street  or  alley  to  remove  before  9 o’clock  in  the 
morning  all  snow  and  ice  which  may  have  fallen 
upon  the  sidewalk  in  front  of  said  premises.  In  case 
said  sidewalk  is  not  paved  or  flagged  its  full  width, 
it  shall  be  necessary  to  remove  such  snow  or  ice 

455 


only  from  a space  four  feet  in  width.  Any  person 
violating-  the  i)rovisions  of  this  section  shall,  upon 
conviction,  he  lined  in  any  sum  not  to  exceed  ten 
dollars. 

§888.  Vehicles.  Other  Obstructions,  in  Streets. 
Penalty.  Duty  of  Police.  (Sec.  13)  It  shall  be  un- 
lawful for  any  person  in  the  night  time,  between 
dark  and  daylight,  to  leave  or  place,  or  cause  to  be 
left  or  placed,  any  vehicle  of  any  kind  or  description, 
having  no  draft  animal  or  animals  attached  thereto 
or  any  other  ol)struction,  in  any  of  the  streets,  ave- 
nues, lanes  or  alleys  of  the  city  of  Colorado  Springs. 
Any  person  violating  any  provision  of  this  section 
shall,  upon  conviction,  be  fined  not  less  than  five 
nor  more  than  one  hundred  dollars,  for  each  and  ' 
every  oflense. 

And  it  shall  be  the  duty  of  the  police,  firemen, 
fire  wardens  or  other  officer  or  officers  of  the  city, 
having  police  authority,  to  at  once  remove,  or  cause 
to  be  removed,  any  and  all  such  vehicles  or  other 
obstructions  found  in  any  street,  avenue,  lane  or 
alley,  in  violation  of  this  section,  and  convey  the 
same  to  the  city  pound,  or  such  other  secure  place 
as  the  chief  of  police  may  direct,  and  there  kept  un- 
til the  owner  thereof  shall  have  paid  into  the  city 
treasury  the  sum  of  two  dollars  penalty  and  fifty 
cents  additional  for  each  twenty-four  hours  or  frac- 
tion thereof,  that  such  vehicle  or  other  article  or 
thing  shall  have  been  held  or  retained  by  the  city. 
[Ord.  No.  654,  passed  8ept.  11,  1903,  as  amended  by 
Ord.  No.  672,  passed  June  27,  1904,  as  amended  by 
Ord.  No.  738,  })assed  July  15,  1907,  and  Ord.  No.  893, 
trussed  Jan.  29,  1913.] 

§889.  Receiving  and  Delivering  Merchandise. 

(Sec.  1)  No  person  while  receiving  or  delivering- 
goods,  wares,  merchandise  or  ])ag-gage  shall  permit 


the  same  to  reaiaiii  on  any  sidewalk,  or  in  any  alley 
longer  than  is  necessaiy  to  convey  sncli  articles  t6 
or  from  the  premises  abutting  on  such  sidewalk  or 
alley,  or  to  or  from  which  such  articles  are  being  de- 
livered or  received,  and  for  this  pur})ose  he  shall  not 
occupy  over  four  feet  of  the.  outer  edge  of  the  side- 
walk in  front  of  his  store  or  building;  provided, 
that  in  the  commission  district  hereinafter  estab- 
lished, said  goods,  wares  and  merchandise  may  be 
handled  as  hereinafter  provided. 

§890.  Commission  District  Established.  (Sec. 
2)  That  there  be  and  there  is  hereby  established'  a 
commission  district  in  the  city,  which  said  district 
shall  consist  of  all  the  property  abutting  on  the  soutli 
side  of  Huerfano  street  between  the  east  curb  line 
on  Cascade  avenue  and  the  alley  running  north  and 
south  between  Cascade  avenue  and  Tejon  street: 
also,  all  the  property  abutting  on  the  east  side  of 
Cascade  avenue  between  the  soutlT  curb  line  on 
Huerfano  street  and  the  north  curb  line  on  Cuchar- 
ras  street.  No  person,  in  said  district,  shall  block 
or  obstruct,  or  permit  the  sidewalk  in  front  of  his 
place  of  business  to  become  blocked  or  obstructed 
so  that  there  shall  not  be  at  all  times  a clear  and  un- 
obstructed passage  way  on  said  sidewalk  at  least 
ten  feet  in  width,  and  a clear  and  unobstructed  pass- 
age way  at  least  four  feet  wide  and  not  more  than 
ten  feet  apart  from  the  traveled  portion  of  the  side- 
walk to  the  adjacent  street,  and  not  more  than  thirty 
inches  next  to  the  building  shall.be  occu])ied  or  used 
for  the  storage  or  display  of  goods  or  any  other 
material,  and  no  goods,  wares  or  merchandise  or 
other  obstruction  shall  be  permitted  to  remain  on  the 
sidewalk  between  sunset  and  sunrise.  No  ])erson 
shall  place  or  pile  any  goods,  wares,  merchandise  or 
articles  on  the  sidewalk  to  greater  height  than  six 
feet,  or  place  or  pile  the  same  in  a manner  that  will 

457* 


iviuler  the  same  unsafe  or  dangerous  to  any  person 
traveling  or  using  tlie  sidewalk  or  street. 

§891.  Storage  on  Street,  Alley  or  Sidewalk. 

(See.  d)  No  street,  alley  or  sidewalk  siiall  l)e  used  for 
the  storage  of  goods,  wares  or  merchandise  of  any 
kind  or  description  whatever,  except  as  al)ove  pro- 
vided. If  any  j)erson  shall  place  or  cause  to  be 
placed  in  or  ui)on  any  street,  alley  or  sidewalk  any 
barrel,  box,  hogshead,  crate,  baggage  or  other  ob- 
struction of  any  kind  or  description  whatever,  and 
shall  sutfer  the  same  to  remain  thereon  longer  than 
is  prescribed  in  this  ordinance,  he  shall,  on  convic- 
tion. be  fined  not  less  than  two  dollars  nor  more  than 
fifty  dollars  for  each  offense. 

§892.  Opening.  Cover.  (Sec.  4)  Each  opening- 
in  any  vault  or  coalhole  or  aperture  in  the  sidewalk 
over  such  coalhole  or  vault  shall  be  covered  with  a 
substantial  iron  ])late  with  a rough  surface  to  prevent 
accidents,  and  the. entire  construction  of  such  coal- 
holes or  vaults  shall  be  subject  to  the  direction  and 
supervision  of  the  commissioner  of  public  works 
and  property. 

§893.  Liability  of  Owner.  (Sec.  5)  The  owner 
or  person  in  possession  of  the  abutting  premises, 
in  front  of  which  a coalhole,  vault  or  other  aper- 
ture is  thus  permitted  to  be  constructed  shall  be  held 
res})onsil)le  to  the  city  for  any  and  all  damages  to 
persons  or  ])ro])erty  in  consecpience  of  any  defect  in 
the  construction  of  such  vault,  coalhole  or  other 
aperture,  or  for  allowing  the  same,  or  any  portion 
thereof,  to  remain  out  of  repair,  and  such  owner 
shall  be  re(iuired  to  keep  such  vault  or  coalhole,  its 
walls  and  coverings  in  good  order  at  all  times. 

§894.  Responsible  to  City.  (Sec.  6)  The  person 
in  possession  of  any  premises  abutting  on  such  vault, 
coalhole  or  other  aperture  shall  be  held  responsible 

458 


to  tlie  city  for  any  and  all  damages  occasioned  to 
persons  or  })ro})erty  in  consequence  of  the  aperture 
in  a sidewalk  being  lifted,  exposed  or  uncovered, 
or  in  consequence  the  covering  thereof  being  lifted, 
insecure  or  unfastened. 

§895.  Vault  Covering  Secure.  (Sec.  7)  No  per- 
son shall  remove  or  insecurely  fix,  or  cause  or  pro- 
cure, or  snifer  or  permit  to  be  removed  or  to  be  in- 
securely fixed  so  that  the  same  can  be  moved  in  its 
bed,  any  grate  or  covering  of  any  coalhole,  vault  or 
chute  under  any  street,  sidewalk  or  other  public 
place  under  penalty  of  not  less  than  ten  dollars  nor 
more  than  fifty  dollars  for  each  offense;  provided, 
that  nothing  herein  contained  shall  prevent  the 
owner  or, occupant  of  the  building  with  which  such 
coalhole,  vault  or  chute  shall  be  connected  from  re- 
moving the  grate  or  covering  for  the  proper  purpose 
of  such  openings,  provided,  he  enclosed  such  open- 
ing or  aperture,  and  keeps  same  enclosed  while  such 
grate  or  covering  shall  be  removed,  with  a strong 
box  or  curb  at  least  twenty-four  inches  high,  firmly 
and  securely;  provided,  further,  that  he  shall  not 
remove  such  grate  or  covering  until  after  sunrise  of 
any  day,  and  shall  replace  such  grate  or  covering 
before  one-half  hour  after  sunset. 

§896.  Construction  Changed.  (Sec.  8)  When- 
ever any  coalhole,  vault  or  elevator  under  any  side- 
walk, or  any  aperture  constructed  in  any  sidewalk 
is  not  covered  or  secured  as  herein  provided,  or  in 
the  opinion  of  the  commissioner  of  public  works  and 
property  is  unsafe  or  inconvenient  for  the  public 
travel,  said  commissioner  may  order  same  to  be 
placed  in  a safe  condition  satisfactory  to  him;  and 
if  the  same  shall  not  be  done  within  two  days  from 
the  service  of  notice  on  the  owner  or  person  in  pos- 
session of  the  premises,  the  commissioner  may  make 
such  change,  and  the  expense  thereof  shall  l>e  paid 

459 


by  siK'li  owner  or  person  in  possession  of  the  prem- 
ises. 


§897.  Street  Obstructions.  Vehicles.  (Sec. 
9)  No  person  being*  the  owner  or  having  the 
charge  or  control  thereof,  shall  permit  any 
wagon,*  carriage  or  other  animal-propelled  vehicle 
of  any^  kind  or  description,  or  any  part  of 
the  same,  to  remain  in  or  on  any"  street  or 
alley  within  the  fire  limits  of  the  city  after  the 
animal  or  animals  have  been  detached  therefrom; 
])i'ovided,  that  such  vehicles,  when  the  outer  part 
thereof  is  not  to  exceed  ten  feet  from  the  curb  line, 
may  be  permitted  to  stand  in  the  street  for  not  to 
exceed  one  hour’s  time  in  front  of  repair  and  black- 
smith shops  while  said  vehicles  are  being  repaired, 
or  the  animals  used  for  propelling  the  same  are  being 
shod.  No  animal-propelled  vehicle,  after  the  ani- 
mals used  to  propel  the  same  have  been  detached, 
shall  be  permitted  to  stand  in  any  street  or  alley"  in 
the  city"  outside  the  fire  limits  during  the  night  time 
or  between  sunset  and  sunrise,  and  any  such  vehicle 
standing  in  any  street  or  alley  during  the  daytime 
shall  be  removed  whenever  requested  by  the  com- 
missioner of  public  works  and  property^,  or  any  offi- 
cer of  the  police  department. 

§898.  Sales  on  Streets  Prohibited.  (Sec.  10)  No 
])erson  shall  make  a stand  or  stopping  place  within 
any"  street  or  alleys  for  the  purpose  of  exhibiting  for 
sale,  or  for  the  purpose  of  selling  or  offering  for  sale, 
any"  horse,  mules  or  cattle,  or  any^  vehicle,  under 
])enalty"  of  not  less  than  five  nor  more  than  one  hun- 
dred dollars  for  each  offense. 

§899.  Conveyance  of  Poles,  Etc.  (Sec.  11)  It 
shall  not  be  lawful  for  any"  public  carter  or  any  other 
])erson  to  cart  or  transport  through  the  street,  any 
])lanks,  ])oles,  timber  or  other  thing  exceeding  thirty 

460 


feet  in  lengtli,  except  on  a suitable  truck  or  other 
vehicle  and  such  ])lank  or  thing*  shall  he  placed 
lengthwise  thereon  so  as  not  to  project  at  either  end 
beyond  the  line  of  the  width  of  the  side,  or  width  of 
such  truck  or  other  vehicle. 

§900.  Obstructions.  Removal.  (Sec.  12)  The 
commissioner  of  public  works  and  property  is  hereby 
authorized  to  order  any  article  or  thing  whatsoever, 
including  buildings,  fences  and  other  obstructions, 
which  might  encumber  or  obstruct  any  street,  alley 
or  public  landing  to  be  removed;  if  such  article  or 
thing,  building,  fence  or  other  obstruction  shall  not 
be  removed  within  six  hours  after  notice  to  the 
owner  or  person  in  charge  thereof  to  remove  the 
same,  or  if  the  owner  cannot  be  readily  found  for  the 
purpose  of  such  notice  the  said  commissioner  shall 
cause  same  to  be  removed  to  some  suitable  place,  to 
be  designated  by  him,  and  the  owner  of  such  article 
so  removed  shall  forfeit  a penalty  of  not  more  than 
ten  dollars  in  addition  to  the  cost  of  such  removal. 

§901.  Obstruction.  Sale  Authorized.  (Sec.  13) 
Any  article  or  thing  which  may  be  removed  in  ac- 
cordance with  the  preceding  section,  if  of  sufficient 
value  to  more  than  pay  expenses  thereof,  shall  be 
advertised  ten  days  and  sold  by  the  commissioner 
of  public  works  and  property,  unless  the  same  shall 
be  sooner  reclaimed,  and  a penalty  and  costs  paid 
by  the  owner  thereof.  The  proceeds  of  such  sale 
shall  be  paid  in  to  the  treasurer  and  the  balance,  if 
any,  after  deducting  the  penalty  and  costs  shall  be 
paid  to  any  person  or  persons  making  satisfactory 
proof  of  ownership.  ' 

§902.  Blockage.  Police  Duty.  (Sec.  14)  When- 
ever for  any  cause  any  street  or  alley  of  the  city  shall 
be  obstructed  by  a horse  or  teams  attached  to  vehi- 
cles, loaded  or  otherwise,  the  commissioner  of  public 

461 


works  and  })ro])erty,  or  any  police  officer  may  giv6 
sncli  directions  in  regard  to  the  removal  thereof  as 
may  be  I'ecjnired  by  the  public  convenience.  Any 
])erson  or  persons  refusing  or  neglecting*  to  obey 
snch  direction  shall  be  fined  not  less  than  five  nor 
more  than  twenty-five  dollars  for  each  offense. 

§903.  Deposit  of  Building  Material.  (Sec.  15) 
No  person  or  corporation  shall  be  allowed  to  deposit 
or  })lace  in  the  street  any  lumber  or  other  material, 
except  by  permission  of  the  commissioner  or  public 
works  and  property,  given  in  accordance  with  the 
provisions  of  this  city.  Any  ])erson  or  corporation 
violating  any  of  the  provisions  of  this  section  shall 
be  fined  not  less  than  five  nor  more  than  one  hundred 
dollars  for -each  offense. 

§904.  Removal  of  Street  Obstructions.  (Sec. 
lb)  The  commissioner  of  public  works  and  property 
is  hereby  authorized  to  cause  any  stoops,  steps,  gal- 
lery, platform,  cellar  doors,  stairs,  sign  posts,  fruit 
stands  or  railing  erected  upon  or  over  any  sidewalk, 
street  or  alley  in  the  city  to  he  removed  within  a 
reasonable  time,  if  notice  to  that  effect  from  the  com- 
ini ssioner  of  public  works  and  property  or  any  police 
officer,  shall  have  been  served  upon  the  owner,  agent 
or  other  person  in  possession  of  the  premises  where 
such  obstruction  occurs,  and  the  owner,  agent  or  per- 
son causing  such  obstruction  or  permitting  the  same 
to  remain  after  said  notice,  shall,  on  conviction,  he 
lined  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars,  and  shall  pay  all  costs  and  expenses 
of  the  required  removal  and  the  existence  of  such 
obstruction  each  day  after  receiving  notice  as  afore- 
said shall  be  deemed  and  held  to  be  a separate  and 
distinct  offense. 

§905.  Wagon  Boxes  Overloaded.  (Sec.  17)  Any 
])erson  causing  any  cart,  wagon  or  other  vehicle  to 

462 


stand  in  or  be  lianled  over  any  street  or  alley,  which 
causes  the  street  or  alley  to  be  littered  l)y  the  con- 
tents of  sncli  vehicle,  either  from  leakage,  overload- 
ing or  by  the  wind  scattering  the  contents,  or  any 
part  thereof,  in  said  street  or  alley  or  other  public 
place,  shall  be  tined  not  more  than  ten  dollars  for 
each  offense. 

§906.  Police  Supervision.  Power  to  Remove. 

(Sec.  18)  It  shall  be  the  duty  of  the  chief  of  police 
to  see  to  the  enforcement  of  each  and  all  of  the  pro- 
visions of  this  ordinance,  and  each  and  every  police- 
man shall,  whenever' there  is  any  obstruction  in  any 
street  or  alley  or  sidewalk  in  violation  of  this  ordi- 
nance, endeavor  to  remove  same;  and,  in  case  such 
obstmction  shall  be  of  such  character  that  the  same 
cannot  readily  be  removed,  then  such  policeman  shall 
report  same  to  the  department  of  public  works  and 
property,  and  the  said  department  shall  remove 
same. 

§907.  Penalty.  (Sec.  19)  Any  person  who  shall 
violate  any  of  the  provisions  of  this  ordinance  where 
a definite  penalty  is  not  hereinbefore  provided,  shall, 
on  conviction,  be  fined  in  a sum  not  more  than  two 
hundred  dollars  for  each  offense.  [Ord.  No.  921, 
passed  Nov.  19,  1913.] 

§908.  Cleaning  Walks  and  Gutters.  Duties  of 
Owners.  (Sec.  1)  The  owners  or  agents  of  the  own- 
ers of  vacant  lots,  and  the  owners,  or  agents  or  oc- 
cupants of  houses,  warehouses,  stores  or  tenements 
and  grounds  belonging  thereto  or  occupied  by  them, 
shall  keep  the  sidewalks  in  front  of  and  ad  joining- 
such  property  clean,  and  immediately  after  any  fall 
of  snow  shall  cause  the  same  to  be  immediately  re- 
moved from  the  sidewalk  and  gutters  fronting  their 
respective  lots  or  parts  of  lots  into  the  driveway  of 
the  street. 


463 


§909.  Sidewalks  to  be  Washed.  (Sec.  2)  The 
owners  or  agents  or  occupants  of  houses,  ware- 
liouses,  stores  or  tenements  and  grounds  belonging 
thereto  on  Tejon  street  l)etween  the  north  side  of 
Platte  avenue  and  the  south  side  of  Cucharras  street, 
nnd  on  Bijou  street,  Kiowa  street.  Pike’s  Peak  ave- 
nue, Huerfano  and  Cucharras  streets,  between  the 
east  curb  line  of  Cascade  avenue  and  the  west  curb 
line  on  Nevada  avenue,  and  on  Cascade  avenue  on 
the  east  side  from  Kiowa  street  to  Cucharras  street 
and  on  Nevada  avenue  on  the  west  side  from  Kiowa 
street  to  Cucharras  street,  shall  wash  the  sidewalks 
in  front  of  such  property  at  least  once  daily,  Sunday 
excepted,  during  the  months  of  June,  July,  August 
and  September  of  each  year,  provided  that  it  shall 
not  be  necessary  to  wash  said  sidewalks  within 
twenty-four  hours  after  a rain  sufficient  to  wash 
said  sidewalks,  and  provided  further  that  said  side- 
walks shall  not  be  washed  between  the  hours  of  8 
o’clock  a.  m.  and  4 o’clock  a.  m.  of  the  following 
day. 

§910.  Penalty.  (Sec.  3)  Any  person  violating 
any  of  the  provisions  of  this  ordinance  shall,  on 
conviction,  be  fined  in  any  sum  not  to  exceed  fifty 
dollars  ($50).  [Ord.  No.  812,  passed  June  22,  1910, 
as  amended  by  Ord.  No.  907,  passed  June  25,  1913.] 

§911.  Automobiles.  Drainings  on  Street  Un- 
lawful. (Sec.  1)  It  shall  be  unlawful  for  any  per- 
son, company  or  corporation,  or  agent  of  any  person, 
company  or  corporation  owning,  controlling  or  oper- 
ating any  mobile,  automobile  or  locomobile,  or  any 
machine  or  apparatus  using  electricity,  gasoline  or 
any  product  of  petroleum  for  its  motive  power,  to 
drain  off  from  the  crank  or  gear  case,  or  from  any 
other  part  of  said  machine,  upon  any  public  street. 

§912.  Automobiles.  Device  to  Prevent  Drip- 

464 


pings  From,  Required.  (Sec.  2)  Every  mobile,  auto- 
mobile  or  locomobile,  or  any  machine  or  apparatus 
using  electricity,  gasoline  or  any  product  of  petro- 
leum for  its  motive  power,  shall  have  attached  there- 
to a suitable  device  or  devices  for  the  purpose  of 
preventing  deposits  from  leakings  or  drippings  be- 
ing made  upon  the  pavements  of  public  streets. 

§913.  Leakings  of  Oil  on  Streets,  Prohibited. 
(Sec.  3)  No  ])erson  or  persons,  firms  or  corporations 
shall  deposit,  or  cause  or  allow  to  be  deposited,  upon 
any  of  the  public  streets,  paved  with  bituminous 
material,  naphtha,  kerosene,  or  any  other  product  of 
petroleum,  or  shall  convey  or  cause  to  be  conveyed 
through  said  public  streets  so  paved,  any  naphtha, 
kerosene  or  other  products  of  petroleum  in  any  tank, 
can  or  other  vessel  whereby  the  same  leaks  upon  or 
is  deposited  upon  the  said  pavement. 

§914.  Penalty.  (Sec.  4)  Any  person,  firm  or 
cor[:)oration  who  shall  violate  the  provisions  of  this 
ordinance  or  neglect  or  refuse  to  comply  therewith, 
shall  be  deemed  guilty  of  a misdemeanor  and  upon 
conviction  thereof,  shall  be  punished  by  a fine  of 
not  less  than  $5  nor  more  than  $100.  [Ord.  No.  868, 
passed  July  3,  1912.] 

§915.  Hitching  Posts  or  Rings  Required.  (Sec. 
1)  That  there  shall  be  provided  and  maintained  by 
the  owner  of 'every  lot  within  the  corporate  limits  of 
the  city  upon  which  there  is  or  shall  be  erected  a 
house  or  other  building,  except  a business  house,  a 
suitable  hitching  post,  ring  or  other  device  in  front 
of  the  same  for  the  purpose  of  fastening  horses  or 
teams  thereto. 

And  in  front  of  all  business  houses  there  shall 
be  kept  and  maintained  by  the  respective  owners 
thereof  at  least  one  ring  or  substantial  hitching  post 
of  iron  or  other  metal  to  be  approved  by  the  city 

465 


marshal,  not  more  than  4 inches  in  diameter  and 
two  and  a half  feet  in  height  above  the  sidewalk  in 
every  1^5  feet  of  frontage  upon  the  street,  which 
shall  he  secured  or  fastened  to  the  outer  edge  of 
the  sidewalk  for  the  purposes  aforesaid.  [Ord.  No. 
dl7,  passed  Sept.  2,  1889,  as  amended  by  Ord.  No. 
387,  passed  Mar.  5,  1890.] 

§916.  Penalty.  (Sec.  2)  Any  person  who  shall 
fail  to  comply  with  the  provisions  of  this  ordinance 
shall  be  liable  to  a tine  of  not  more  than  one  dollar 
for  every  day  he  shall  so  fail,  after  notice  by  the  city 
marshal  to  comply  therewith.  And  it  shall  be  the 
duty  of  the  marshal  to  give  all  notices  required  by 
this  ordinance.  [Ord.  No.  317,  passed  Sept.  2,  1889.] 


ARTICLE  5. 

OF  THE  REMOVAL  OF  WEEDS^\ND  RUBBISH. 

§917.  Weeds  and  Rubbish  Must  be  Removed. 

(Sec.  1)  It  shall  be  unlawful  for  the  owner,  agent  or 
lessee  of  any  lot  or  tract  of  ground  in  this  city  to 
allow  or  permit  weeds  to  grow  or  remain  when  grown 
more  than  one  foot  in  height  on  each  lot  or  tract  of 
ground,  or  on  or  along  any  street  or  avenue  adjoin- 
ing the  same  between  the  property  line  and  the  curb 
line  thereof,  or  on  or  along  any  alley  adjoining  the 
same  between  the  property  line  and  the  center  of 
such  alley. 

It  shall  be  unlawful  for  the  owner,  agent  or 
lessee  of  any  lot  or  tract  of  ground  in  this  city  to 
allow  or  permit  the  accumulation  thereon  of  dead 
weeds,  grass,  brush  or  rubbish  of  any  kind,  or  to 
alio  wor  permit  such  materials  to  accumulate  in  the 

466 


streets  or  avenues  adjoining'  such  lots  or  tracts  of 
ground  between  the  property  line  and  curb  line 
thereof,  or  on  or  along  any  alley  adjoining  the  same 
})etween  the  property  line  and  the  center  of  such 
alley.  Any  person  violating  any  of  the  provisions 
of  this  section  shall,  on  conviction,  be  fined  in  any 
sum  not  less  than  two  dollars  ($2)  nor  more  than  one 
hundred  dollars  ($100)  for  each  and  every  otfense; 
and  if  any  owner,  agent  or  lessee  shall  fail  to  cut 
such  weeds  or  brush  after  notice  so  to  do  published 
in  some  newspaper  published  in  the  city,  the  com- 
missioner of  public  works  and  property  may  cause 
said  weeds  and  brush  to  be  cut  or  material  to  be 
removed  once  each  year  and  assess  the  whole  cost 
thereof,  including  five  per  centum  for  inspection  and 
other  incidental  costs  in  connection  therewith,  upon 
the  lot  or  lots  and  tracts  of  land  from  which  such 
weeds,  brush  and  rubbish  are  cut  and  removed  as 
herein  provided. 

§918.  Assessments.  How  Made.  (Sec.  2)  At 
least  once  each  year  the  commissioner  of  public 
works  and  property  shall  cause  notice  to  be  pub- 
lished in  two  papers  of  general  circulation  in  the 
city,  notifying  all  owners  of  lots  or  tracts  of  land 
within  the  city  that  all  weeds  must  be  cut,  and  all 
weeks,  brush  and  other  rubbish  removed  as  provided 
in  section  1 of  this  ordinance  on  or  before  a date  to 
be  fixed  in  said  notice,  and  further  notifying  said 
owners  that  in  the  event  they  fail  to  comply  with  the 
provisions  of  section  1 in  cutting  and  removing  the 
weeds  and  rubbish  as  therein  provided  on  or  before 
the  date  mentioned,  that  the  same  will  be  cut  and 
removed  by  or  under  the  direction  of  the  department 
of  public  works  and  property  either  by  day  labor  or 
by  contract,  and  that  the  entire  cost  of  cutting  the 
weeds  and  brush  and  removing  the  weeds,  brust  and 
rubbish  as  provided  in  Section  1,  plus  five  per  cent. 

467 


for  iiis})eetion  and  other  incidentals,  will  be  assessed 
a^-ainst  the  lots  and  tracts  of  land  owned  by  them. 
On  the  expiration  of  the  time  fixed  in  said  notice  the 
commissioner  of  public  works  and  property  shall 
cause  the  weeds,  brush  and  rubbish,  which  has  not 
been  cut  or  removed  as  provided  in  section  1,  to  be 
cut  and  removed  from  all  lots  or  tracts  of  ground  in 
the  city,  either  by  contract  or  otherwise,  and  cause 
to  be  filed  with  the  clerk  a statement  showing  the 
amount  to  be  assessed  against  each  lot  and  tract  of 
land  in  payment  of  the  work  done  and^the  cost  of  the 
inspection.  The  clerk  shall  publish  a notice  directed 
to  the  owners  of  real  estate  in  the  city,  without 
naming  them,  informing  them  that  assessments  will 
be  made  against  certain  real  estate  without  describ- 
ing it  for  the  expense  of  removing  weeds  and 
rubbish  therefrom  as  provided  in  this  ordinance, 
unless  cause  is  shown  why  such  assessment  should 
not  be  made  at  a designated  regular  meeting  of  the 
council  to  be  held  not  less  than  ten  days  after  the 
date  of  publication  of  such  notice;  that  a description 
of  the  lots  and  parcels  of  land  proposed  to  be  as- 
sessed and  the  amount  of  the  assessment  to  be  levied 
thereon  is  on  file  in  the  office  of  the  city  clerk  where 
the  same  can  be  inspected  by  any  person  interested 
during  office  hours  at  any  time  prior  to  the  date  set 
for  the  hearing  before  the  council.  The  owners  of 
such  property  shall  be  further  notified  that ‘if  the 
proposed  assessment  is  made  by  the  council  after 
hearing  that  the  same  must  be  paid  to  the  city  treas- 
urer on  or  before  twenty  days  after  such  council 
meeting,  or  said  assessment  will  be  certified  to  the 
county  treasurer  to  be  levied  on  said  lots  and  tracts 
of  lands  and  collected  the  same  as  general  taxes,  and 
that  ten  per  centum  will  be  added  to  such  assess- 
ment to  pay  the  cost  of  collection. 

At  the  time  designated  in  said  notice  the  council 
468 


shall  hear  all.  objections  and  exceptions  to  the 
amount  proposed  to  be  levied  against  any  lot  or 
tract  of  land  and  shall  thereafter  make  such  assess- 
ment against  such  lots  and  tracts  of  land  as  it  shall 
deem  just  and  proper  in  the  premises.  In  case  the 
owner  of  any  lot  of  tract  of  land  shall  fail  for  twenty 
days  to  pay  the  amount  assessed  by  the  council 
against  said  lot  or  tract  of  ground,  said  assessment, 
together  with  a penalty  of  ten  per  centum  added 
thereto  shall  be  certified  by  the  city  auditor  to  the 
county  treasurer,  or  the  officers  having  custody  of 
the  tax  list  at  the  time  such  certificate  is  made  in  the 
same  manner  as  sidewalk  taxes  are  certified  to  said 
officer;  and  said  treasurer  shall  collect  all  assess- 
ments in  the  same  manner  that  general  taxes  are 
collected,  and  all  the  laws  of  the  State  for  the  as- 
sessment and  collection  of  general  taxes  including 
the  laws  for  the  sale  of  property  for  taxes  and  the 
redemption  thereof  shall  apply  to  and  have  full  ef- 
fect for  the  collection  of  all  such  assessments,  and 
such  assessments  shall  be  a lien  in  the  several 
amounts  assessed  against  each  lot  or  tract  of  land 
until  paid  and  shall  have  priority  over  all  other  liens 
except  general  taxes  and  prior  special  assessments. 

§919.  Auditor  Issue  Certificate.  (Sec.  3)  All 
the  money  received  by  the  city  treasurer  under  the 
provisions  of  this  ordinance  shall  be  kept  in  a special 
fund  to  be  designated  the  “Weed  Removal  Fund,’’ 
and  the  money  in  this  fund  shall  be  used  exclusively 
for  the  payment  of  costs  incurred  in  cutting  and  re- 
moving weeds  as  herein  provided.  iVfter  assess- 
ments have  been  levied  by  the  council  the  auditor 
shall  issue  certificates  to  the  person  or  persons  en- 
titled thereto  in  payment  of  the  cost  or  removing 
weeds,  brush  and  rubbish  as  certified  to  by  the  de- 
partment of  public  works  and  property.  The  cer- 
tificates so  issued  by  the  autditor  shall  be  presented 

469 


to  the  treasurer  and  shall  draw  interest  and  shall 
he  ])aid  and  treated  in  all  particulars  as  near  as  may 
he  like  certificates  issued  in  payment  of  the  con- 
struction of  delinquent  sidewalks  in  pursuance  of  the 
ordinance  of  this  city. 

§920.  Assessments  Not  Avoid  Fine.  (Sec.  4) 
The  fact  that  assessments  have  been  made  against 
property  as  herein  provided  for  cutting  and  remov- 
ing weeds,  brush  and  rubbish  shall  not  prevent  the 
owner,  agent  or  lessee  from  being  punished  by  tine, 
as  provided  in  section  1 of  this  ordinance,  but  such 
fine  may  be  imposed  on  those  found  guilty  of  violat- 
ing the  provisions  of  this  ordinance  in  all  cases 
whether  an  assessment  has  or  has  not  been  made  in 
accordance  with  the  provisions  of  this  ordinance. 


ARTICLE  6. 

REGULATING  THE  ERECTING  AND  MAIN- 
TAINING OF  BILL  BOARDS. 

§921.  Billboard.  Permit  For,  Required.  (Sec. 
1)  No  person  or  persons,  firm  or  corporation,  shall, 
within  the  corporate  limits  of  the  city  of  Colorado 
Springs,  directly  or  indirectly,  in  person  or  by  an- 
other, either  as  principal,  agent,  clerk  or  servant, 
erect  or  maintain,  or  cause  to  be  erected  or  main- 
tain, any  billboard  or  other  structure  designed  to  be 
used  for  advertising  purposes,  whereon  any  poster, 
bill,  printing,  painting  or  other  advertising  matter 
whatsoever  may  be  stuck,  tacked,  pasted,  printed, 
posted,  fastened  or  placed,  without  a written  permit 
so  to  do,  issued  by  the  mayor,  attested  by  the  city 
clerk,  under  the  seal  of  the  city. 

470 


§922.  Billboards  Prohibited  In  Certain  Places. 
Exceptions.  (b'e(‘.  2)  No  i)ersoii  or  persons,  firm  or 
corporation,  shall  directly  or  indirectly,  in  person  or 
by  another,  either  as  x)rincipal,  agent,  clerk  or 
servant,  erect  or  maintain,  or  cause  to  he  erected  or 
maintained,  any  billboard  or  other  structure  as 
mentioned  in  section  1 of  this  ordinance,  in  or  upon 
any  public  street,  bridge,  alley,  building,  park  or 
other  public  place  within  the  city  of  Colorado 
Springs,  which  is  owned  or  controlled  by  the  said 
city,  noj  place,  nor  put  any  movable  or  transient 
board  or  boards  whereon  any  advertising  matter  of 
any  nature  or  kind  whatsoever  is  affixed,  stuck, 
tacked,  printed  or  painted  in  or  on  any  public  street, 
avenue,  alley,  bridge,  part,  thoroughfare,  building 
or  other  public  place;  provided,  that  nothing  herein 
contained  shall  be  construed  as  preventing  the  pro- 
prietors, owners  or  agents  of  any  lot  or  lots,  or  of 
any  business  from  advertising  such  lot  or  lots  or 
such  business  upon  said  lot  or  lots  within  the  limits 
of  the  place  or  premises  where  such  business  is 
carried  on. 

§923.  Location  and  Construction  of  Billboards. 

(Sec.  3)  No  person  or  ])ersons,  linn  or  corporation 
shall  directly  or  indirectly,  in  person  or  l)v  another, 
either  as  principal,  agent,  clerk,  or  servant,  erect  or 
maintain,  or  cause  to  be  erected  or  maintained  any 
billboard  or  other  structure  as  mentioned  in  section 
1 of  this  ordinance,  unless  the  same  is  at  least  30  feet 
from  any  street  front  and  15  feet  from  any  side 
street,  and  not  more  than  21  feet  in  length,  and  the 
lower  side  of  which  billboard  is  at  least  three  feet 
from  the  ground  and  placed  u])on  posts  not  less  than 
six  inches  by  six  inches,  surfaced  four  sides,  set  to  a 
depth  of  not  less  than  three  feet  in  the  ground  and 
extending  not  more  than  ten  feet  above  the  surface 
of  the  ground,  the  said  posts  to  be  not  more  than 

471 


seven  feet  apart  and  to  be  braced  by  braces  not  less 
than  two  inches  by  six  inches,  surfaced  four  sides, 
said  braces  to  be  securely  bolted  to  a brace  stake 
not  less  than  four  inches  by  four  inches,  surfaced 
four  sides,  set  in  the  ground  to  a depth  of  not  less 
than  two  feet,  and  said  braces  to  be  securely  bolted 
to  a post  not  less  than  nine  feet  above  the  surface  of 
the  ground.  The  said  billboard  to  be  made  of  good, 
substantial  lumber. 

§924.  Removal  or  Alteration  of.  Duty  of  Chief 
of  Police,  (^'ec.  4)  It  shall  be  the  duty  of  the  chief 
of  police  of  the  city  of  Colorado  Springs  to  serve 
notice  on  any  person  or  persons,  firm  or  corporation, 
who  shall  maintain  billboards  or  other  structures, 
mentioned  in  section  1 of  this  ordinance,  which  are 
not  in  conformity  with  the  requirements  of  this  or- 
dinance, which  notice  shall  require  the  parties  to 
remove  the  same,  or  so  to  change  and  alter  the  same 
as  to  conform  to  the  requirements  of  this  ordinance 
within  thirty  days  after  the  service  of  such  notice; 
and  any  person  or  persons,  firm  or  corporation,  who 
shall  refuse,  fail  or  neglect  to  so  remove  or  alter  such 
billboard  or  other  structure  as  to  conform  to  this 
ordinance  within  such  thirty  days,  shall  be  punished 
as  hereinafter  provided. 

§925.  Permit.  Revocable.  Consent  of  Lot 
Owners  Required.'  (Sec.  5)  The  mayor  of  the  city 
of  Colorado  Springs  may,  in  his  discretion,  revoke 
or  decline  to  renew  any  permit  issued  by  him  as  pro- 
vided by  section  1 of  this  ordinance,  and  no  such 
])ermit  shall  be  issued  for  a greater  period  than  one 
year.  No  a})])lication  for  a ])ermit  to  erect  a bill- 
board or  other  structure  designed  to  be  used  for 
advertising  ])urposes  shall  be  considered  by  the 
mayor  of  the  city  of  Colorado  Springs  until  the 
written  consent  of  the  adjoining  lot  owners  them- 

472 


selves,  or  tlieir  agents,  and  residents  directly  oppo- 
site to  such  proposed  billboard,  if  any  there  be,  shall 
be  exhibited  to  him,  together  with  such  application. 

§926.  Ground  Around  Billboard  Must  be  Kept 
Clean.  (Sec.  6)  Any  person  or  persons,  firm  or  cor- 
poration, who  erect  or  maintain  billboards,  oi*  other 
structures,  as  described  in  section  1 of  this  ordi- 
nance, shall,  at  their  own  expense,  keep  the  ground 
on  either  side  of  said  billboards  clean  and  free  from 
waste,  tilth  and  accumulation  of,  any  kind  or  nature 
whatsoever,  and  shall  keep  the  same  in  good,  healthy, 
clean  and  sanitary  condition;  and  any  failure  to 
comply  with  this  section  shall  be  punished  as  here- 
inafter provided. 

§927.  Bond  Required.  (Sec.  7)  Any  person  or 
persons,  firm  or  corporation,  who  erect  or  maintain 
billboards  within  the  city  of  Colorado  Springs,  shall, 
before  receiving  any  permit  from  the  mayor,  give  a 
bond  to  the  city  of  Colorado  Springs  in  the  sum  of 
six  thousand  dollars,  with  surety  or  sureties,  to  be 
approved  by  the  city  council  of  said  city,  conditioned 
that  the  said  person  or  persons,  firm  or  corporation, 
shall  hold  the  city  of  Colorado  Springs  harmless 
from  any  judgment  or  judgments  or  from  any  costs 
or  expenses  occasioned  by  any  injury  or  casualty 
happening  to  any  person  or  property,  real  or  per- 
sonal, either  directly  or  indirectly,  through  the  erec- 
tion or  maintenance  of  any  billboard  or  other  struc- 
ture, at  any  and  all  points  in  the  city  of  Colorado 
Springs. 

§928.  Penalties.  (Sec.  8)  Any  person  or  per- 
sons, firm  or  corporation,  who,  either  as  principal, 
clerk,  agent,  employe  or  servant  violates,  disobeys, 
omits,  neglects  or  refuses  to  comply  with  the  provi- 
sions of  this  ordinance,  shall,  upon  conviction,  be 
fined  in  a sum  of  not  less  than  five  dollars,  and  not 

473 


more  than  one  hundred  dollars;  and  ev^ery  omis- 
sion, negleel,  violation  or  continuance  of  the  thing 
commanded  or  prohibited  by  this  ordinance  for 
twenty-four  hours  after  notice  shall  constitute  a sep- 
arate and  distinct  otfense  and  shall  be  punished 
accordingly.  [Ord.  No.  515,  passed  June  3,  1898.] 


ARTICLE  7. 

OF  THE  ACQUISITION  OF  LAND  FOR  PARKS, 
AND  PARK  REGULATION. 

§929.  City  May  Acquire  Lands.  (Sec.  1)  The 
city  of  Colorado  Springs  shall  have  authority  in  the 
manner  hereinafter  provided  to  acquire,  establish 
and  maintain  public  parks,  or  pleasure  grounds  with- 
in or  without  the  corporate  limits  of  the  city,  and 
boulevards,  parkways,  avenues,  driveways  and  roads 
without  its  corporate  limits;  provided,  the  same  are 
within  at  least  ten  miles  of  the  corporate  limits. 

§930.  Property.  How  Acquired.  (Sec.  2)  Prop- 
erty which  may  be  required  for  any  of  the  purposes 
named  in  section  1 of  this  ordinance  may  be  acquired 
whenever  the  council  shall  pass  an  ordinance  pro- 
viding for  the  acquisition  of  such  property,  which 
ordinance  shall,  among  other  things,  provide  a full 
general  description  of  the  proposed  property  to  be 
purchased,  the  total  maximum  estimated  cost  there- 
of, the  manner  in  which  such  property  shall  be  ac-^ 
quired,  whether  by  purchase,  condemnation,  con- 
struction or  otherwise,  the  maximum  amount  of 
bonds  to  be  issued,  the  time  when  such  bonds  shall 

474 


mature,  the  h-ate  of  interest  thereon,  and  the  place 
or  places  of  payment,  within  or  without  the  state, 
and  shall  authorize  the  acquisition  of  such  property 
in  the  manner  so  stated  and  at  not  to  exceed  such 
total  maximum  estimated  cost  therein  stated. 

Such  ordinance  may  provide  for  the  charge  and 
collection  of  admission  or  entrance  fees  to  all  or  any 
})art  of  the  property  so  proposed  to  be  purchased 
after  it  shall  become  part  of  the  park  system  of  the 
city,  in  order  to  pay  for  its  purchase,  and  for  the 
maintenance  and  upkeep  of  said  park  system,  and 
that  the  bonds  issued  for  the  purchase  of  such  prop- 
erty shall  be  primarily  payable  out  of  any  revenue 
arising  from  or  out  of  such  property. 

§931.  Question  of  Issuing  Bonds  Submitted  to 
Electors.  (Sec.  3)  Upon  the  pasage  of  such  ordi- 
nance the  council  shall  by  ordinance  call  a special 
election  to  be  held  within  not  less  than  thirty  nor 
more  than  sixty  days,  unless  a general  election  is  to 
be  held  in  the  city  within  ninety  days  from  the  date 
of  the  passage  of  such  ordinance,  for  the  purpose  of 
submitting  to  the  vote  of  such  qualified  electors  of 
the  city  as  shall  in  the  year  next  preceding  such 
election  have  paid  a property  tax  therein,  the  ques- 
tion of  issuing  bonds  of  the  city  to  pay  for  the  pur- 
chase of  the  property  authorized  to  be  purchased  in 
said  ordinance.  When  the  ordinance  authorizing  the 
purchase  of  property  as  herein  provided  is  passed 
within  ninety  days  of  the  time  fixed  for  holding  a 
general  election,  the  question  of  the  issuance  of  said 
bonds  shall  be  submitted  at  such  general  election  and 
not  at  a special  election. 

§932.  Council  Pass  Bond  Ordinance.  (She.  4) 
If  at  any  such  election  a majority  of  the  tax  paying- 
electors  voting  thereon  vote  in  favor  of  the  issuance 
of  said  bonds,  the  council  shall  acquire  such  property 

475 


and  shall  by  ordinance,  irrepealable,  until  the  in- 
debtedness therein  provided  for  and  the  bonds  issued 
in  pursuance  thereof  shall  have  been  fully  paid, 
authorize  the  issuance  by  the  city  of  such  bonds  to 
such  an  amount  as  are  '^necessary  to  pay  for  said 
property  authorized  to  be  purchased,  which  or- 
dinance shall  provide  for  the  date  and  the  form  of 
the  said  bonds  and  the  interest  coupons  thereto  at- 
tached and  shall  set  forth  in  substance  the  text  of 
the  said  bonds  and  coupons  and  the  time  or  times 
and  place  or  places  of  payment  thereof,  and  the  said 
ordinance  may  also  provide  for  a sinking  fund  and 
for  the ‘redemption  and  call  of  such  bonds  at  such 
intervals  and  in  such  amounts  as  to  the  council  may 
seem  advisable,  and  for  the  manner  in  which  the 
said  bonds  and  the  interest  thereon  shall  be  paid. 

All  bonds  issued  under  said  ordinance  shall  be 
signed  by  the  mayor,  countersigned  by  the  auditor, 
attested  by  the  clerk  and  have  the  seal  of  the  city 
affixed  thereto,  and  the  coupons  thereto  attached 
shall  bear  the  fac-simile  signature  of  the  said  clerk; 
and  such  bonds  and  the  interest  shall  be  paid  by  the 
treasurer  of  the  city  without  warrant  from  the 
auditor  therefor.  Bonds  so  issued  in  pursuance  of 
such  vote  for  the  acquisition  of  property  for  parks 
or  the  other  public  utilities,  works  or  ways  as  afore- 
said from  which  the  city  will  derive  a revenue  when 
said  bonds  are  by  their  terms  primarily  payable  out 
of  said  revenue,  shall  not  be  included  in  determining 
the  limitation  of  the  city’s  power  to  incur  indebted- 
ness. 

§933.  Bonds  or  Proceeds  Used  To  Purchase 
Property.  (Sec.  5)  The  bonds  issued  as  herein  pro- 
vided or  the  proceeds  thereof  to  the  extent  that  may 
be  necessary,  shall  be  used  to  purchase  such  prop- 
erty, and  said  property  shall  belong  to  the  city  and 

476 


be  under  the  control  and  supervision  of  the  park 
cominission  of  the  city. 

§934.  Repeal.  (Sec.  6)  All  laws  or  parts  of 
laws  of  this  state  in  conflict  or  inconsistent  with  any 
of  the  provisions  of  this  ordinance  are  hereby  super- 
seded, and  all  ordinances  in  conflict  or  inconsistent 
with  any  of  the  provisions  of  this  ordinance  are  here- 
by repealed.  [Ord.  No.  793,  passed  Feb.  23,  1910.] 

§935.  Cheyenne  Park  Boundaries.  Whereas; 
the  city  of  Colorado  Springs  has  purchased  and  come 
into  possession  of  property  in  Cheyenne  canon,  be- 
ing six  hundred  and  forty  acres  in  sections  thirty- 
three  (33),  thirty-four  (34)  and  thirty-fi^ve  (35) 
township  14  south,  range  67  west,  and  sections  two 
(2)  and  three  (3)  township  15  south,  range  67  west, 
county  of  El  Paso,  state  of  Colorado,  for  a public 
park;  be  it  ordained  by  the  city  council  of  the  city 
of  Colorado  Springs: 

Cheyenne  Park  Dedicated.  (Sec.  1)  The  prop- 
erty above  named  is  hereby  dedicated  as  a public 
park,  and  shall  be  known  as  and  called  Cheyenne 
Park.  [Ord.  No.  215,  passed  Oct.  5,  1885.] 

§936.  Park  Rules  and  Regulations.  Whereas, 
By  resolution  of  the  park  commission  of  the  city  of 
Colorado  Springs,  adopted  on  the  6th  day  of  June, 
A.  D.  1911,  certain  rules,  regulations  and  orders  were 
adopted,  which  rules,  regulations  and  orders  are  as 
follows,  to-wit: 

Prohibited  Acts.  All  persons  are  forbidden  to 
enter  or  leave  the  parks  except  by  the  walks,  paths 
or  drives;  to  lead  or  allow  to  be  loose  any  animal 
upon  park  premises  except  that  dogs  may  be  led  or 
carried,  but  not  allowed  loose;  to  throw  stones  or 
other  missiles  by  hand  or  otherwise,  to  carry  or  dis- 
charge firearms,  or  to  set  off  any  fireworks  or  similar 
things  in  the  parks;  to  cut,  mark,  break  or  climb 

477. 


upon,  or  in  any  way  injure  or  deface  the  trees,  shrubs, 
plants,  turf  or  any  of  the  buildings,  fences,  bridges, 
signs,  placards  or  notices,  or  any  structures  or  prop- 
erty within  or  upon  park  premises;  to  bring  upon  , 
park  premises  any  tree,  shrub  or  plant,  any  newly 
plucked  branch  or  portion  of  a tree,  shrub  or  plant; 
to  race  with  horses,  automobiles,  motorcycles  or  bi- 
cycles; or  to  ride  or  drive  faster  than  twelve  miles 
an  hour  within  Palmer  park  or  faster  than  twenty- 
three  miles  an  hour  on  any  of  the  other  park  drives, 
roads  or  boulevards;  to  drive  any  animal  or  vehicles 
anywhere  in  the  parks,  except  in  the  drives,  or  to 
allow  them  to  stand  unattended,  except  at  the  hitch- 
ing places  especially  provided  for  such  purposes;  to 
obstruct  the  drives  or  paths;  to  stand  or  keep  in  or 
upon  any  park  premises,  without  special  permission 
in  writing  from  the  park  commission,  any  horse, 
burro  or  other  animal,  or  any  hack,  carriage,  auto- 
mobile or  other  vehicle,  for  the  purpose  of  hire  or 
solicitation  of  patronage;  to  solicit  patronage  for 
any  vehicle  for  hire  upon  any  park  premises  without 
special  permission  in  writing  from  the  park  commis- 
sion; to  drive  or  take  any  job  or  freight  wagon  in 
or  upon  any  of  the  park  premises,  except  those  in 
park  employ,  private  wagons  conveying  families,  or 
upon  special  written  permission  from  the  park  com- 
mission; to  trail  vehicles,  to  use  threatening,  abus- 
ive, insulting,  indecent,  obscene  or  profane  language, 
or  to  be’ guilty  of  drunkenness,  lighting  or  quarrel- 
ing, or  indecency  in  or  upon  any  of  the  parks;  to  lie, 
lounge  or  sleep  on  the  benches  or  to  lie  in  indecent 
positions  on  the  benches  or  the  ground;  to  tell  for- 
tunes or  to  play  games  of  chance,  to  offer  any  article 
or  thing  for  sale,  except  by  written  permission  of 
the  park  commission;  to  distribute  or  expose  any 
kind  of  circulars  or  advertisements,  or  post,  stencil 
or  otherwise  affix  any  notice  or  bills  or  other  paper 
upon  any  structure,  fence,  tree  or  thing  in  or  about 

478 


the  park  premises,  park  drives,  roads  or  boulevards; 
to  bathe  or  fish  in  or  to  send  any  animal  into  or 
throw  or  place  any  article  or  thing  in  any  of  the 
waters  of  the  parks;  to  fish  for  or  to  disturb  any  of 
the  fish  in  any  of  the  ponds  or  streams  in  the  parks; 
to  shoot  at,  catch  or  disturb  any  water  fowl  or  other 
birds  belonging  to,  preserved  in,  or  being  in  or  about 
the  parks;  to  touch,  molest  or  destroy  the  nest  or 
nests  of  any  birds,  or  the  eggs  therein,  within  any  of 
the  parks;  or  to  take,  carry  or  display  any  flag,  ban- 
ner, target  or  transparency,  or  to  fly  any  kite  within 
or  upon  any  park  or  to  parade,  drill  or  perform 
therein  any  military  or  other  evolution  or  movements 
as  a military,  target  company,  civic  or  otherwise, 
without  the  written  consent  of  the  park  commission; 
to  light,  make  or  use  any  fire  therein  at  any  place  or 
places,  except  such  as  may  be  designated  by  the  park 
commission  for  that  purpose;  to  go  on  foot  or  other- 
wise upon  the  grass,  lawn  or  turf  of  the  parks  wher- 
ever the  sign  ^‘Keep  Off  the  Grass  is  shown. 

No  shrubs,  plants  or  flowers  shall  be  taken,  or 
given  away  from  any  of  the  parks,  without  written 
permission  from  the  park  commission,  except  for  the 
decoration  of  soldiers^  graves,  to  be  cut  under  di- 
rection of  the  superintendent  of  parks  for  use 
May  30th,  of  each  year.  • 

No  gathering  or  meeting  of  any  kind,  nor  public 
speaking,  shall  be  permitted  in  the  parks  without  the 
written  permission  of  the  park  commission. 

No  intoxicating  liquors,  as  intoxicating  liquors 
are  defined  in  the  ordinances  of  the  city  of  Colorado 
Springs,  shall  be  allowed  to  be  sold  or  given  away, 
or  to  be  brought  into,  used,  or  drunk  within  any  of 
the  parks  of  the  city,  or  upon  any  of  its  boulevards, 
driveways  or  roads  under  the  control  of  the  park 
commission. 


479 


No  person  shall  drop,  throw  or  place  any  waste 
paper,  straw,  dirt,  weeds,  ashes,  refuse  or  waste, 
swill  or  other  rubbish,  though  not  offensive  to  health, 
in  or  upon  any  park  or  property,  boulevard,  drive- 
way or  road  under  the  control  of  the  park  commis- . 
sion,  or  any  part  thereof. 

No  person  shall  be  permitted  to  build  or  place 
any  tents,  buildings,  booths,  stands  or  other  struct- 
ures in  any  of  said  parks,  boulevards,  driveways 
or  roads  under  the  control  of  the  park  commission, 
without  first  obtaining  the  written  permission  of  the 
park  commission. 

Tearing  Up  Pavements,  Sidewalks,  Etc.  No 
person  shall  dig,  injure  or  tear  up  any  pavement, 
sidewalk,  crosswalk,  grass  plot  or  roadway,  or  any 
part  thereof,  or  of  any  parking,  boulevard,  driveway 
or  road,  or  dig  down  to,  expose  or  tear  up,  discon- 
nect or  connect  with  any  of  the  water  pipes  or  sew- 
ers in  or  under  any  parking,  boulevard,  driveway  or 
road  under  the  control  of  the  park  commission  with- 
out first  having  obtained  the  written  permission  of 
the  park  commission. 

Moving  Buildings.  No  person  shall  move  any 
building  along,  across,  or  upon  any  park,  boulevard, 
driveway  or  road  under  the  control  of  the  park  com- 
mission without  first  having  obtained  the  permission 
of  the  park  commission. 

Funerals.  No  funeral  procession  or  hearse  or 
any  vehicle  carrying  a corpse  will  be  allowed  upon 
any  part  of  the  parks  under  the  control  of  the  park 
commission,  without  previous  written  consent  of  the 
park  commission. 

Heavy  Teaming.  Loads  Over  Two  Thousand 
Pounds  Prohibited.  It  shall  be  unlawful  for  any 

480 


person  or  persons  to  haul,  or  cause  to  be  hauled,  in 
any  vehicle,  in  or  upon  any  part  of  the  parks,  boule- 
vards, driveways  or  roads  under  the  control  of  the 
park  commission,  any  coal,  stone,  brick,  dirt,  or  other 
article  or  articles,  weighing  together  with  the  vehi- 
cle two  thousand  pounds  or  more;  provided  that  this 
prohibition  shall  not  be  applied  to  omnibuses,  hacks 
or  carriages. 

Wagon  Boxes  to  be  Tight.  It  shall  be  unlawful 
for  any  person  to  engage  in  driving  within  or  upon 
any  parks,  boulevards,  driveways  or  roads  under 
the  control  of  the  park  commission,  crushed  stone, 
sand,  gravel,  sawdust,  ashes,  cinders,  lime,  tan  bark, 
shavings,  waste  paper,  ice,  mortar,  earth,  coal,  bricks, 
stone,  rubbish,  manure  or  other  loose  material  likely 
to  sift,  fall  or  be  blown  upon  such  parks  or  streets, 
except  in  tight  wagon  boxes,  or  on  wagons  securely 
covered  with  canvas,  and  tilled  only  to  water  level, 
and  in  case  the  same  fall  or  be  scattered  within  or 
upon  any  parks,  boulevards,  driveways  or  roads  un- 
der the  control  of  the  park  commission,  such  person 
shall  cause  it  to  be  forthwith  removed. 

Wagon  Boxes  Overloaded.  It  shall  be  unlawful 
for  any  person  to  cause  any  cart,  wagon  or  other 
vehicle  to  be  loaded  and  heaped  up  so  that  the  con- 
tents, or  any  part  thereof,  shall  be  scattered  within 
or  upon  any  parks,  boulevards,  driveways  or  roads 
under  the  control  of  the  park  commission. 

Loose  Cattle.  Loose  cattle  or  horses  shall  not 
be  allowed  to  be  driven  in  or  upon,  along  or  through, 
any  part  of  the  parks,  boulevards,  parkways,  ave- 
nues, driveways  or  roads  under  the  control  of  the 
park  commission,  without  the  written  permission 
of  the  park  commission. 

Automobiles,  Etc.,  Not  to  Enter  Canons  or  High 
481 


Dri  ve.  No  automobile  or  motorcycle  shall  be  permit- 
ted to  enter  or  be  driven  in  what  is  known  Mon- 
ument Valley  park,  South  or  North  Oheyenne  canons, 
or  upon  the  high  drive,  without  the  permission  of 
the  park  commission. 

Duties  of  Park  Police.  It  shall  be  the  duty  of 
the  park  police  appointed  to  duty  in  the  parks,  with- 
out warrant,  forthwith  to  arrest  any  offender  against 
any  of  the  rules,  regulations  and  orders  of  the  park 
commission,  whom  they  may  detect  in  the  commis- 
sion of  such  otfense,  and  to  take  the  person  or  per- 
sons so  arrested  forthwith  before  a magistrate  hav- 
ing competent  jurisdiction.  And  whereas,  by  sec- 
tion 6781  Kevised  Statutes  of  Colorado,  1908,  the 
city  council  is  authorized  to  provide  for  the  enforce- 
ment of  the  rules,  regulations  and  orders  of  the  park 
commission;  therefore.  Be  It  Ordained  by  the  city 
council  of  the  city  of  Colorado  Springs:  Penalty. 

(Sec.  1)  Any  person  or  persons  who  shall  violate  any 
or  either  of  the  provisions  of  the  above  and  fore- 
going rules  and  regulations  of  the  park  commission, 
or  any  provision  of  any  paragraph  thereof,  or  who 
shall  neglect  or  fail  to  comply  with  any  or  either  of 
the  requirements  thereof,  shall,  upon  conviction,  pay 
a fine  of  not  less  than  one  dollar  nor  more  than  two 
hundred  dollars  for  each  offense,  and  a further  pen- 
alty not  exceeding  fifty  dollars  for  every  twenty-four 
hours  that  such  violation  shall  continue  after  notice 
given  by  any  officer  or  agent  of  the  park  commission 
to  remove,  discontinue  or  abate  the  same.  [Ord.  No. 
934,  passed  Dec.  24,  1913.] 


ARTICLE  8. 

OF  FORESTRY. 

§937.  Inspection  of  Trees,  Etc.  (Sec.  2)  That 
482 


every  person,  firm  or  corporation  shipping  or  bring- 
ing in  to  the  city  of  Colorado  Springs  for  sale  any 
trees,  vines,  shrubs,  scions,  cuttings  or  grafts  shall 
forthwith  notify  the  city  forester  theerof  and  no 
person,  firm  or  corporation  shall  sell,  offer  for  sale, 
distribute  or  plant  the  same  or  any  part  thereof, 
without  having  applied  for  and  obtained  from  the 
city  forester  a permit  therefor,  and  no  permit  there- 
for shall  be  granted  by  such  forester  if  in  his  opinion 
such  trees,  vines,  shrubs,  scions,  cuttings  or  grafts 
are  so  infected,  or  are  in  such  a condition  as  to  be 
deleterious  or  dangerous  to  the  life  or  health  of 
plants  and  trees  in  the  city. 

§938.  Planting,  Trimming,  Etc.  of  Trees,  Etc. 
Permits.  (Sec.  3)  No  person,  firm  or  corporation 
shall  plant,  trim,  spray,  remove,  destroy,  cut,  deface 
or  in  any  way  injure  any  tree  or  shrub  in  any  of  the 
streets,  avenues  or  public  highways,  or  on  public 
grounds  of  the  city  without  first  applying  for  and 
obtaining  therefor,  a permit  from  the  city  forester, 
except  as  hereinafter  specified.  No  application  for 
such  a permit  shall  be  refused  by  the  city  forester 
except  for  good  and  substantial  reasons. 

§939.  Powers  of  Park  Commission.  (Sec.  4) 
That  the  powers  of  the  park  commission  of  the  city 
are  in  no  way  interfered  with  by  any  of  the  provi- 
sions of  this  ordinance. 

§940.  Trees  to  be  Planted  Ten  Feet  Apart. 

(Sec.  5)  No  trees  shall  be  planted  in  any  street,  ave- 
nue or  public  highway  nearer  to  each  other  than  ten 
feet  and  shall  be  planted  as  directed  by  the  city  for- 
ester. 

§941.  Hitching  Horses  to  Trees  Prohibited. 

(Sec.  6)  That  no  person  shall  hitch  or  fasten  any 
horse  or  other  animal  to  any  tree  or  shrub  growing 

483 


or  situate  in  any  public  street  or  on  public  ground 
or  place,  nor  allow  any  animal  to  stand  near  enough 
to  any  tree  or  shrub  to  bite,  rub  against  or  otherwise 
injure  the  same. 

§942.  Duties  of  Forester.  Inspection.  (Sec.  7) 
That  it  shall  be  the  duty  of  the  city  forester  to  in- 
spe(‘t  all  trees,  shrubs  and  plants  within  the  limits 
of  the  city,  and  upon  discovering  any  such  to  be  in- 
fected with  scale  or  insect  detrimental  to  the  growth, 
health,  and  life  of  such  trees,  shrubs  or  plants,  to  at 
once  so  notify  the  owner  or  agent  of  the  premises 
whereon  the  same  is  located  of  the  condition  and  to 
direct  such  owner  or  agent  to  eradicate,  remove  and 
destroy  such  condition  or  remove  and  destroy  such 
trees,  shrubs  or  plants,  whereon  it  shall  be  the  duty 
of  such  owner  or  agent  to  comply  with  the  directions 
of  the  city  forester.  Said  forester  shall  spray  and 
otherwise  care  for  all  trees  and  shrubs  along  the 
streets,  avenues  and  alleys  of  the  city  and  the  council 
shall  provide  such  forester  with  the  proper  appa- 
ratus for ‘so  caring  for  said  trees.  The  said  forester 
shall  on  request  of  the  owner  or  agent  of  any  prop- 
erty spray  or  cause  the  trees  and  shrubs  thereon  to 
be  sprayed  and  charge  the  owner  or  agent  of  said 
properly  a reasonable  amount  for  the  services  so 
rendered. 

§943.  Dead  Trees,  Etc.  Removal  of.  (Sec.  8) 
That  it  shall  be  the  duty  of  the  city  forester  to  re- 
quire the  owner  or  agent  of  any  premises  whereon 
is  situate  any  dead  trees  or  overhanging  boughs, 
dangerous  to  life,  limb  or  property,  to  remove  the 
same  within  a reasonable  time  to  be  fixed  by  such 
forester  in  his  notice  to  such  owner  or  agent  and  in 
case  the  owner  or  agent  fails  to  follow  the  require- 
ments of  such  notice,  then  it  shall  be  the  duty  of  the 
city  forester  to  remove  and  destroy  the  same  at  the 

484 


expense  of  such  owner  or  agent,  and  in  case  such 
owner  or  agent  fails  to  pay  such  expense  the  city 
shall  recover  the  same  by  suit. 

§944.  Owner  Must  Plant  Trees  When  Required. 

(Sec.  9)  That  it  shall  be  the  duty  of  every  owner  or 
agent  of  any  premises  abutting  on  any  public  street 
or  highway  to  plant  trees  upon  that  portion  of  said 
street  or  highway  upon  such  premises  abutting  as 
may  be  required  by  the  city  forester,  and  also  to  trim 
and  care  for  any  trees  or  shrubs  situate  upon  that 
portion  of  said  street  or  highway  upon  which  such 
premises  abut,  as  shall  be  required  by  the  city  for- 
ester, and  to  comply  with  the  requirements  provided 
for  in  this  section  within  a reasonable  time  after  re- 
ceiving notice  thereof  in  writing  from  such  forester, 
such  time  to  be  stated  in  such  notice;  provided,  that 
the  city  forester  shall  spray  or  cause  to  be  sprayed 
such  trees  as  may  be  required. 

§945.  City  Watersheds.  Sale  of  Dead  and  Down 
Timber.  Reforestation.  (Sec.  10)  That  it  shall  be 
the  duty  of  the  city  forester  when  directed  by  the 
mayor  to  supervise  the  sale  of  dead  and  down  timber 
and  the  reforestation  of  the  city’s  watersheds. 

§946.  Duties  of  Forester.  Enforcement  of  This 
Ordinance.  (Sec.  11)  That  it  shall  be  the  duty  of 
the  city  forester  to  attend  to  the  enforcement  of  the 
foregoing  regulations,  and  to  any  others  that  may 
hereafter  be  adopted  by  the  council  for  the  protec- 
tion of  trees,  shrubs  and  plants,  in  the  city,  and  on 
the  city’s  watershed. 

§947.  Pay  Moneys  Collected  to  Treasurer.  (Sec. 
12)  The  city  forester  shall  keep  in  a book  provided 
for  that  purpose  an  accurate  account  of  all  moneys 
received  by  him  as  city  forester,  and  receipt  for  the 
same  and  pay  all  moneys  received  by  him  in  any  cal- 

485 


eiidar  month  to  the  city  treasurer  on  or  before  the 
10th  day  of  the  succeeding-  month. 

§948.  Penalty.  (Sec.  13)  That  any  person,  firm 
or  corporation  violating  any  of  the  provisions  of  this 
ordinance  or  failing  to  comply  with  any  notice  or 
direction  given  by  the  city  forester  under  the  provi- 
sions hereof  shall,  on  conviction,  be  punished  by  a 
fine  in  the  sum  of  not  less  than  one  nor  more  than  one 
hundred  dollars,  apd  each  and  every  day  that  any 
person,  firm  or  corporation  shall  fail  to  comply  with 
any  notice  in  writing  received  from  the  city  forester, 
under  the  provisions  of  this  ordinance,  shall  be 
deemed  a separate  offense  and  punished  accordingly. 
[Ord.  No.  818,  passed  Aug.  3,  1910.] 


ARTICLE  9. 

OP  THE  PUBLIC  LIBRARY. 

§949.  Public  Library  Established.  (Sec.  1)  In 
accordance  with  the  provisions  of  the  laws  of  the 
state  of  Colorado,  as  particularly  expressed  in  an 
Act  entitled  ‘^An  act  concerning  free  public  libraries 
and  reading  rooms  in  cities  and  incorporated 
towns,  approved  April  10th,  A.  D.  1899,  there  is 
herby  established  by  the  city  of  Colorado  Springs  a 
public  library  and  reading  room  for  the  use  and 
benefit  of  the  inhabitants  of  the  said  city  of  Colorado 
Springs,  and  the  same  shall  be  maintained  by  the 
said  city  of  Colorado  Springs  in  accordance  with  the 
provisions  of  the  said  laws  of  the  state  of  Colorado, 
above  referred  to,  and  such  other  laws  as  are  now  or 
may  hereafter  be  made,  applicable  thereto.  [Ord. 
No.  642,  passed  May  18,  1903.] 

§950.  Taking  Book  Contrary  to  Rules  of  Li- 
brary, Penalty.  (Sec.  1)  Every  person  who  shall 

486 


take  from  tlie  ])iil)lie  lil)i*ary  any  book,  pamphlet 
periodical,  paper  or  other  proi)erty,  except  in  ac- 
cordance with  the  rules  of  such  library,  shall  be 
deemed  guilty  of  a misdemeanor,  and  on  conviction 
thereof,  shall  be  punished  by  a fine  in  the  sum  of 
not  less  than  $5  nor  more  than  $25  for  each  offense. 

§951.  Failure  to  Return  Book.  Penalty.  (Sec. 
2)  Every  person  who  shall  take  or  borrow  from  the 
public  library  any  book,  pamphlet,  periodical,  paper 
or  other  property,  and  neglect  to  return  the  same 
within  two  weeks  from  the  date  of  mailing  a notice 
to  his  address,  shall  be  deemed  guilty  of  a misde- 
meanor and  on  conviction  thereof,  shall  be  punished 
by  a fine  in  the  sum  of  not  less  than  $1  nor  more  than 
$10  for  each  otfense. 

§952.  Wilful  Injury  of  Book  or  Property  of 
Library.  Penalty.  (Sec.  3)  Every  person  who  shall 
wilfully  and  maliciously  or  wantonly  and  without 
cause,  write  in,  upon,  or  injure,  deface,  tear  or  de- 
stroy in  whole  or  in  part,  any  plate,  book,  picture, 
engraving,  map,  newspaper,  magazine,  pamphlet  or 
manuscript  or  written  or  engraved  or  printed  paper 
belonging  to  the  public  library  of  the  city  of  Colo- 
rado Springs,  or  shall  suffer  any  such  injury  to  be 
inflicted  while  such  property  is  in  his  or  her  custody 
or  shall  wilfully,  maliciously  or  wantonly  injure  any 
of  the  furniture  or  property  in  the  building  of  the 
public  library,  or  the  public  library  building,  shall 
be  deemed  guilty  of  a misdemeanor  and  shall,  upon 
conviction  thereof,  be  punished  by  a fine  of  not  less 
than  $5  nor  more  than  $100  for  each  and  every  such 
offense. 

§953.  Fines  Go  To  Library  Fund.  (Sec.  4)  All 
fees  [fines]  collected  under  this  ordinance  shall  be 
paid  over  to  the  library  fund  for  the  use  of  the  public 
library  of  the  city  of  Colorado  Springs,  and  it  shall 

487 


be  the  duty  of  tlie  city  attorney  promptly  to  prose- 
cute all  violations  of  this  ordinance.  [Ord.  No.  G87, 
passed  Apr.  3,  1905.] 


ARTICLE.  10. 

OF  THE  SUPERVISION  OF  PUBLIC  SERVICE 
CORPORATIONS  AND  UTILITIES. 

§954.  Street  Cars.  Rate  of  Speed  Prescribed. 

(Sec.  1)  That  the  Colorado  Springs  Rapid  Transit 
railway  company,  its  sucessors  and  assigns,  be  and 
it  and  they  hereby  are  authorized  to  run  its  or  their 
cars  on  all  lines  of  street  railway  now  owned,  con- 
trolled or  operated  or  hereafter  owned,  controlled  or 
operated  by  it  or  them  in  the  city  of  Colorado 
Springs,  Colorado,  at  a speed  not  to  exceed  eight  (8) 
miles  per  hour  inside  the  fire  limits  of  said  city,  and 
sixteen  (16)  miles  per  hour  outside  of  said  limits. 
[Ord.  No.  596,  passed  Feb.  17,  1902.] 

§955.  Street  Cars.  Shield  to  Protect  Motormen 
From  Weather.  (Sec.  1 ) It  shall  be,  and  it  is  hereby 
made  the  duty  of  all  persons,  companies  or  corpora- 
tions, owning  or  operating  car  lines  or  cars,  in  the 
city  of  Colorado  Springs,  Colorado,  to  furnish  and 
affix  to  each  of  said  cars,  a suitable  structuie  or 
shield,  made  out  of  glass,  iron  and  wood,  well  adapt- 
ed to  protect  the  driver  or  motornier  of  such  car, 
from  the  .inclemency  of  the  weather  during  the 
months  of  October,  November,  December,  January, 
Febniary,  March  and  April  of  each  year;  such 
structure  or  shield  to  be  so  arranged  as  not  to  intei’- 
fere  with  the  vision  of  the  driver  or  motornier. 

§956.  Shield.  Operation  of  Street  Car  Without, 

488 


Prohibited  Certain  Months.  (See.  2)  It  shall  be  im- 
lawfiil  for  any  person,  company  or  corporation,  own- 
ing‘  or  operating  any  such  street  car  lines,  or  street 
cars  in  the  said  city  of  Colorado  Springs,  to  operate 
any  such  cars  during  the  months  of  October,  Novem- 
ber, December,  January,  February,  March  or  April 
of  any  year  without  having  attached  thereto  during 
said  months,  a suitable  structure  or  shield,  as  set 
forth  in  section  1 hereof,  well  adapted  to  protect  the 
motornier  or  driver  of  such  car,  from  the  inclememjy 
of  the  weather,  and  so  arranged  as  not  to  obstruct 
the  vision  of  such  motornier  or  driver. 

§957.  Penalties.  (Sec.  3)  Any  person,  company 
or  corporation  owning  or  operating  any  street  car 
line  or  street  car  in  the  said  city  of  Colorado  Springs 
who  shall  violate  any  of  the  provisions  of  the  two 
foregoing  sections,  shall,  upon  conviction  thereof,  be 
fined  in  the  sum  of  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars;  and  each  day’s  omission 
or  neglect  to  comply  with  the  terms  and  require- 
ments of  the  two  foregoing  sections,  shall  be  con- 
sidered a distinct  and  separate  offense  to  be  punish- 
ed in  like  manner.  [Ord.  No.  544,  passed  Jan.  15, 
1900.] 

§958.  Electrolysis.  (Sec.  363)  Every  person 
operating  any  railroad  or  street  railway  within  the 
jurisdiction  of  the  city  upon  which  cars  are  operated 
by  electricity  with  a grounded  return  circuit  for 
conveying  electricity  shall  install  and  maintain  a 
metalic  return  circuit  of  such  cross-section  and  con- 
ductivity for  conveying  the  electricity  that  the 
maximum  difference  of  potential  will  not  at  any 
time  exceed  one  volt  between  any  part  of  such 
metallic  return  circuit  and  any  water  pipes  belong- 
ing to  the  city,  and  that  there  will  not  be  a variation 
in  difference  of  potential  exceeding  one-half  volt 
between  any  two  measurements  made  at  the  same 

489 


tini(‘  at  points  aloiii>’  and  upon  said  metallic  return 
cir(‘uit  within  a distance  of  not  more  than  three 
hundred  feet  from  each  other.  [Ord.  Xo.  7^)0,  passed 
Apr.  d,  1907.] 

§959.  A.,  T.  & S.  F.  Railroad  Crossing's.  Flag- 
men or  Gates  Required.  (Sec.  1)  That  the  xVtchison, 
Topeka  and  Santa  Fe  railway  company  be  and  it 
hereby  is  recpiired  to  ])lace  a flagman,  or  a gate,  or 
other  safety  appliances  for  the  safety  and  ])rotection 
of  tile  traveling  public  upon  the  following  streets  at 
the  |)laces  where  the  railroad  track  of  such  conij^iny 
crosses  said  streets,  to-wit:  Platte  avenue,  Boulder 
street,  AVillamette  avenue,  Columbia  street,  Del 
Norte  street.  North  Wahsatch  avenue,  Uintah  street. 
Fountain  street  and  El  Paso  street  at  a point  where 
the  said  railroad  track  crosses  El  Paso  street  be- 
tween San  Rafael  and  Uintah  streets  and  the  said 
Atchison,  Topeka  and  Santa  Fe  railroad  company  is 
hereby  recjuired  to  maintain,  keep,  perform  and 
operate  such  gates  or  safety  appliances,  or  to  keep 
and  maintain  flagmen  at  each  of  the  above  men- 
tioned street  crossings  as  the  council  may  designate 
and  require;  the  said  gates  or  safety  appliances  to  be 
oj)erated,  maintained  and  kept,  and  the  said  flagman 
to  be  ke])t,  at  such  street  crossings  constantly. 

§960.  C.  M.  Railroad  Crossings.  Flagmen  or 
Gates  Required,  (^'ec.  2)  That  the  Colorado  Mid- 
land railway  coTn])any  be  required  to  ])lace  a flag- 
nian,  or  a gate,  or  other  safety  appliances  for  the 
safety  and  protection  of  the  traveling  ])ubli(*,  upon 
the  following  streets  at  the  place  where  the  railroad 
track  of  such  company  crosses  said  streets,  to-wit: 
Bear  (h*eek  road.  Sierra  Madre  street.  Cascade  ave- 
nue, Tejon  street,  Nevada  avenue  and  Weber  street; 
and  that  the  said  The  Colorado  Midland  railway 
company  l)e  required  to  maintain,  kee]),  i^erform  and 

490 


()])erate  sucli  i>ates  or  safety  a])pliances  and  to  keep 
and  maintain  a flagman  at  eaeli  of  the  above  men- 
tioned street  erossings;  the  said  gates  or  safety  a])- 
l)liances  to  he  operated,  maintained  and  kept,  and 
the  said  flagman  to  he  kept,  at  sneh  street  crossings 
constantly. 

§961.  D.  & R.  G.  Railroad  Crossings.  Flagman 
or  Gates  Required.  (Sec.  3)  That  the  Denver  & Rio 
Grande  railway  company  be  required  to  place  a flag- 
man, or  gate,  or  other  safety  appliances,  for  the 
safety  and  protection  of  the  traveling  public,  upon 
the  following  streets  at  the  place  the  said  railroad 
track  of  said  company  crosses  said  streets,  to-wit: 
The  Bear  Creek  road  and  the  Mesa  road,  and  that 
the  said  The  Denver  & Rio  Grande  railway  company 
be  required  to  maintain,  keep,  perform  and  operate 
such  gates  or  safety  appliances  and  to  keep  and 
maintain  a flagman  at  the  above  mentioned  street 
crossings;  the  said  gates  or  safety  appliances  to  be 
operated,  maintained  and  kept,  and  the  said  flagman 
to  be  kept,  at  such  street  crossings  constantly. 

§962.  Construction  of  This  Ordinance.  (Sec.  4) 
Nothing  herein  construed,  or  act  of  any  person,  com- 
pany or  corporation,  by  reason  of  the  passage  of  this 
ordinance,  shall  be  held  or  construed  to  be  in  the 
nature  of  a contract  between  the  said  city  and  any 
person,  company  or  corporation,  or  lessee,  owning, 
controlling  or  operating  any  railroad;  nor  shall  any 
provision  of  this  ordinance  be  construed  to  release 
any  person,  company  or  corporation  from  any  obli- 
gation now  existing,  or  which  may  hereafter  be  im- 
posed by  the  city  of  Colorado  Springs,  to  raise  or 
lower  their  tracks,  or  to  constuct  subways,  or  to 
build  viaducts  at  any  or  all  streets  within  said  city 
when  ordered  so  to  do  by  the  city  council,  and  noth- 
ing in  this  ordinance  contained  shall  commit  the  city 

491 


of  Colorado  Springs  to  any  permanent  plan  or  sys- 
tem for  the  operation  of  railroad  cars,  engines'  or 
trains,  or  the  protection  of  the  public  or  streets  or 
at  street  crossings,  or  the  regulation,  control  and 
supervision  of  railroad  tracks  within  said  city;  but 
the  said  city  of  Colorado  Springs  reserves  the  right 
to  alter,  amend  or  repeal  any  of  the  provisions  here- 
in contained,  and  also  to  exercise  full  control  and 
supervision  over  the  operation  of  all  railroads  within 
the  city  of  Colorado  Springs  the  same  as  if  this  ordi- 
nance had  not  been  passed. 

§963.  Penalties.  (Sec.  5)  Any  person,  company 
or  corporation  owning,  leasing  or  operating  any  rail- 
road herein  named,  who  shall,  by  themselves,  their 
agents  or  employes,  violate  or  fail  or  neglect  to  ob- 
serve any  of  the  provisions  of  this  ordinance,  shall 
for  each  violation  thereof  be  fined  in  any  sum  not 
less  than  ten  dollars  ($10)  nor  more  than  two  hun- 
dred dollars  ($200);  provided  further,  that  every 
day  any  such  ])erson,  company  or  corporation  shall 
fail  or  neglect  to  construct  any  of  the  gates  or  struct- 
ures or  to  place  a flagman  as  herein  provided  for, 
sixty  (60)  days  after  the  passage  of  this  ordinance, 
shall  be  held  and  considered  a separate  offense. 

§964.  Interfering  With  Grates  or  Safety  Appli- 
ance. Penalty.  (Sec.  6)  Any  person  or  persons  who 
shall  wilfully  or  maliciously  interfere  with,  or  in  any 
way  obstruct,  to  the  detriment  or  injury  of  any  gates, 
fences  or  other  safety  appliances  as  designated  here- 
in shall,  upon  conviction  thereof,  be  fined  ip  a sum 
not  less  than  ten  dollars  ($10)  nor  more  than  fifty 
dollars  ($50)  for  each  offense.  [Ord.  No.  561,  passed 
Oct.  1,  1900,  as  amended  by  Ord.  No.  893,  passed  Jan. 
29,  1913.] 

§965.  Duties  of  Railroad  Companies  and  Em- 
ployes. (Sec.  1)  It  shall  be  the  duty  of  every  rail 

492 


road  comi)aiiy  which  shall  keep  and  maintain  a 
safety  gate,  or  gates,  at  any  point  where  any  street 
crosses  the  track  or  tracks  of  said  railroad  company, 
and  it  shall  also  be  the  duty  of  each  employe  of  any 
•said  railroad  company  in  charge  of  said  gate  or 
gates,  to  lower  the  same  upon  the  approach  to  said 
crossing  of  any  locomotive,  car  or  train,  and  to  raise 
the  same  immediately  after  the  passing  of  said  loco- 
motive, car  or  train;  and  such  gates  shall  be  raised 
and  lowered  promptly  and  so  as  not  to  interfere  un- 
necessarily and  unreasonably  with  travel  upon  the 
streets. 

§966.  Penalty.  (Sec.  2)  Any  corporation  or  its 
employes  failing  to  comply  with  the  provisions  of 
this  ordinance  shall  severally  be  deemed  guilty  of 
an  offense,  and  upon  conviction  thereof  shall  be  ffned 
not  less  than  $5  nor  more  than  $25  for  each  violation 
of  this  ordinance.  [Ord.  No.  323,  passed  Jan.  6, 
1890.] 

§967.  Railroad.  Ring  Bell  at  Street  Crossing. 
Whistle  Forbidden.  (Sec.  1)  In  all  cases  where  a 
railroad  crosses  a public  street  within  the  limits  of 
this  city,  immediately  upon  the  approach  of  every 
train  to  such  crossing,  the  engineer,  conductor  or 
other  person  having  charge  of  or  running  such  train, 
or  railroad,  shall  cause  the  bell  of  the  engine  draw- 
ing such  train  to  be  rung  until  the  said  engine  has 
passed  over  such  crossing;  and  every  train  shall 
cross  such  streets  at  a speed  not  exceeding  eight 
miles  per  hour;  and  no  engine  or  cars  shall  be  per- 
mitted to  stop  at  any  time  upon  such  street  crossing, 
so  as  to  prevent  the  free  passage  or  cause  an  obstruc- 
tion thereon;  and  the  full  width  of  any  street  across 
which  a railroad  shall  pass  shall  be  kept  free  and  un- 
obstructed by  engines  or  cars;  and  no  whistle  of  any 
engine  shall  be  sounded  within  the  city  limits,  [Ord. 
No.  274,  passed  July  5,  1887.] 

493 


§968.  Penalty.  (Sec.  2)  Any  and  every  engi- 
neer, conductor  or  other  person  having  charge  of  or 
running  aii}^  locomotive,  engine  or  train  on  any  siicli 
railroad,  who  shall  violate  any  provision  of  the  fore- 
going section,  shall  be  deemed  guilty  of  a misde- 
meanor, and,  on  conviction  thereof,  shall  he  fined  in 
a sum  not  less  than  twenty-five  nor  more  than  two 
hundred  dollars  for  each  offense.  [Ord.  No.  158, 
passed  Oct.  3,  1881.] 

§969.  Telegraph,  Telephone,  Etc.,  Poles.  Erect- 
ing Without  Consent  of  Council.  Penalty.  (Sec.  1) 
Hereafter  it  shall  he  unlawful  for  any  person  to 
plant,  set,  or  erect  any  pole  or  poles  for  the  support 
of  wires  or  other  appliances  for  conveying  electricity 
or  other  power  for  purposes  of  telegraph,  telephone, 
electric  light  or  electriG^i30wer,  or  for  any  other  pur- 
})ose  whatever,  in  any  street  or  alley  in  this  city, 
without  first  obtaining  the  consent  of  the  city  council 
of  this  city  therefor;  and  if  such  cousent  therefor 
be  obtained  such  i^ole  or  poles  shall  be  jdaced  under 
the  direction  of  the  committee  on  streets,  alleys  and 
bridges  of  this  city.  Any  person  who  may  violate 
any  of  the  provisions  of  this  ordinance  shall  be  fined 
in  a sum  not  less  than  five  nor  more  than  one  hun- 
dred dollars. 

§970.  Poles  Taken  Down.  (Sec.  2)  Any  i)ole 
placed  contrary  to  the  provisions  of  this  ordinance 
shall  be  taken  down  and  removed.  [Ord.  No.  369, 
passed  June  2,  1891.] 


m 


CHAPTER  X. 

OP  THE  DEPARTMENT  OF  PUBLIC  HEALTH  AND 
SANITATION. 


ARTICLE  1. 

ORGANIZATION  AND  SCOPE  OF  THE  DE- 
PARTMENT. 

§971.  Department  of  Public  Health  and  Sani- 
tation. (Sec.  12)  The  commissioner  of  public  health 
and  sanitation  shall  have  the  supervision  aiid  con- 
trol, subject  to  the  general  oversight  of  the  mayor, 
of  all  the  health  and  sanitation  departments  of  the 
city.  It  shall  be  his  duty  to  see  that  all  laws  and 
ordinances  relating  to  health  and  sanitation  are  en- 
forced, and  he  and  all  regularly  appointed  employes 
of  the  department  of  public  health  and  sanitation 
shall  have  the  right  and  power  to  arrest  any  person 
or  persons  who  may  violate  any  of  the  rules  or  regu- 
lations of  the  department.  He  shall  keep  the  streets 
and  other  public  places  in  a clean  and  sanitary  con- 
dition. He  shall  have  charge  over  and  supervision 
of  the  health  officer,  the  city  chemist,  the  plumbing 
and  sewer  inspector,  the  marketmaster,  and  the 
superintendent  of  cemeteries,  and  each  of  their  of- 
fices and  all  the  apparatus,  material  and  supplies 
therein  or  connected  therewith.  He  shall  have 
charge  of  all  public  scales,  and  it  shall  be  his  duty 
to  see  to  the  enforcement  of  all  laws  and  ordinances 
relating  to  weights  and  measures.  He  shall  purchase 
all  supplies  for  his  department  in  the  manner  pro- 
vided by  ordinance.  He  shall  audit  and  approve  all 
pay  rolls,  and  all  bills  and  accounts  for  the  expendi- 

495 


ture  of  money  in  his  department,  before  the  same  are 
presented  to  the  auditor. 

The  JiealtJi  officer,  the  city  chemist,  the  market- 
master,  the  i)limibing-  inspector,  the  superintendent 
of  cemeteries,  and  all  the  officers  and  employes  in 
each  of  said  offices  or  departments,  and  all  scalenien, 
i>'arhage  and  dnmpmen,  and  junk  dealers  and  collect- 
ors and  all  officers  and  employes  in  the  sewer  de- 
partment, and  all  property  or  apparatus  used  in  the 
health  department  or  in  connection  therewith,  are 
distributed  and  assigned  to  the  department  of  public 
health  and  sanitation. 

The  commissioner  of  the  department  of  health 
and  sanitation  may  employ  and  discharge  or-  dele- 
gate to  any  subordinate  the  power  to  employ  and 
discharge  all  day  laborers  and  unskilled  workmen 
in  his  department,  and  he  may  suspend  any  officer 
or  employe  in  said  department  for  a period  not  to 
exceed  ten  days  whenever  in  his  judgment  the  public 
interests  demand  or  will  be  better  subserved  thereby. 
x\ll  j)ersons  employed  in  the  department  of  imblic 
health  and  sanitation,  except  unskilled  workmen  and 
day  laborers,  shall  be  appointed  by  the  mayor  from 
persons  recommended  by  the  commissioner  for  the 
respective  offices  or  positions  to  be  filled.  The  com- 
missioner shall  not  recommend  any  person  for  health 
officer  who  is  not  a graduate  of  a reputable  medical 
college  and  who  has  not  practiced  medicine  for  at 
least  five  years,  and  who  has  not  been  a resident  of 
Colorado  Springs  for  at  least  two  years  next  preced- 
ing his  recommendation,  and  who  has  not  been 
licensed  to  practice  medicine  in  this  state,  and  whose 
license  is  not  recorded  with  the  county  clerk  and 
rec'order  of  El  Paso  County,  in  accordance  with  the 
laws  of  this  state. 

Idle  commissioner  shall  not  recommend  any  per- 
496 


son  for  city  clieiiiist,  marketmaster,  plninbiiig  in- 
spector or  siiperintendent  of  cemeteries  who  is  not 
properly  skilled  and  qualified  for  the  efficient  and 
ca])al)le  performance  of  his  respective  duties.  [Ord. 
No.  778,  passed  Oct.  20,  1909.] 


ARTICLE  2. 

OF  THE  HEALTH  OFFICER. 

§972.  Health  Officer.  (Sec.  101)  The  health 
officer  shall  possess  the  qualifications  and  be  ap- 
pointed as  provided  by  the  charter.  He  shall,  in  ad- 
dition to  the  duties  and  obligations  imposed  upon 
him  by  the  charter  of  the  city,  do  and  perform  such 
acts  and  things  as  are  required  of  him  by  the  ordi- 
nances of  the  city,  and  by  the  commissioner  of  public 
health  and  sanitation.  [Ord.  No.  730,  passed  Apr.  3, 
1907,  as  amended  bv  Ord.  No.  894,  passed  Feb.  5, 
1913.] 

§973.  Control.  Supervision.  Advice.  (8ec. 
102)  The  health  officer  shall  be  the  head  of  the 
health  department  and  shall  have  the  management 
and  control  of  all  matters  and  things  pertaining 
thereto.  He  shall  have  and  exercise  a general  super- 
vision over  the  sanitary-  conditions  of  the  city,  and 
all  orders  and  directions  emanating  from  said  de- 
partment shall  be  issued  in  his  name.  He  shall  give 
to  the  mayor  and  other  city  officials  all  such  profes- 
sional advice  and  information  as  they  may  require 
with  a view  to  the  preservation  of  the  public  health. 

§974.  Powers.  Duties.  (See.  103)  The  health 
officer  shall  enforce  all  the  laws  of  the  state  and  the 
ordinances  of  the  city  and  all  rules  and  regulations 


497 


of  the  health  department  in  relation  to  the  sanitary 
condition  of  the  city.  He  shall  cause  all  nuisances 
to  he  properly  abated,  and  for  the  purpose  of  carry- 
ing out  the  requirements  of  this  section  he  shall  be 
permitted  at  all  times  to  enter  into  any  premises, 
house,  store,  stable  or  other  building  or  place,  to 
cause  the  floors  to  be  raised  if  he  shall  deem  it  nec- 
essary in  order  to  make  a thorough  examination  of 
cellars,  vaults,  sinks  or  drains,  and  to  cause  all 
privies,  cesspools  and  grease  traps  to  be  cleaned  and 
kept  in  good  condition,  and  to  cause  all  dead  ani- 
mals or  other  nauseous  or  unwholesome  substances 
or  things  to  be  buried,  removed  or  disposed  of  as  he 
may  direct.  In  order  to  carry  out  the  provisions  of 
this  section,  the  health  officer  shall  cause  a notice  to 
be  served  upon  the  owner,  occupant  or  agent  of  any 
lot,  building  or  premises  in  or  upon  which  any 
nuisance  may  be  found  or  who  may  be  the  owner  or 
•cause  of  such  nuisance,  requiring  him  to  abate  the 
same  within  a reasonable  time,  specified  in  such 
notice.  If  such  owner,  occupant  or  agent  shall  fail 
or  refuse  to  comply  with  such  order,  he  shall  be  fined 
not  less  than  ten  nor  more  than  fifty  dollars  for  every 
such  failure  or  refusal.  And  the  health  officer,  upon 
the  expiration  ,of  the  time  specified  in  said  notice 
shall  cause  such  nuisance  to  be  abated  and  the  ex- 
pense of  such  adatement  shall  be  collected  from  the 
person  who  may  have  created,  continued  and  suf- 
fered such  nuisance  to  exist. 

§975.  Communicable  Diseases.  (Sec.  104)  The 
health  officer  shall,  whenever  he  shall  hear  of  the 
existence  within  this  city  of  any  case  of  Asiatic 
cholera,  smallpox,  diphtheria,  membraneous  croup, 
scarlet  fever,  scarlet  rash,  scarletina,  typhoid  fever, 
typhus  fever,  measles,  mumps,  whooping  cough, 
chicken  pox,  tuberculosis,  pneumonia,  cerebral 
spinal  meningitis  or  any  other  communicable  disease 

498 


dangerous  to  the  public  health,  investigate  the  same 
and  adopt  measures  to  arrest  its  progress.  He  shall 
visit  and  examine,  or  cause  to  be  visited  and  ex- 
amined, all  sick  persons  who  shall  be  reported  to  him 
as  laboring  or  supposed  to  be  laboring  under  any 
such  disease,  and  shall  cause  all  such  infected  per- 
sons to  be  removed  to  such  safe  and  proper  place  or 
places  as  he  may  think  necessary,  and  cause  them  to 
be  provided  with  suitable  nurses  and  medical  at- 
tendants, at  their  own  expense,  if  they  are  able  to 
pay  for  the  same,  but  if  not,  then  at  the  expense  of 
the  city.  He  shall  impose  such  restrictions  on  and 
exercise  such  supervision  over  all  persons  afflicted 
or  sick  with  any  such  disease  as  shall  be  necessary 
to  protect  from  such  disease  all  persons  not  of 
necessity  connected  with  such  persons  so  afflicted 
or  sick.  To  aid  in  securing  the  isolation  of  a person 
afflicted  with  any  such  disease,  he  may  cause  a 
notice,  printed  or  written  in  large  letters,  to  be 
placed  upon  or  near  any  house  in  which  any  such 
person  may  be,  upon  which  notice  shall  be  written  or 
printed  information  setting  forth  the  disease  and 
quarantine  regulations  for  such  disease.  If,  after 
any  such  notice  shall  be  posted,  any  person  shall  de- 
face, alter,  multilate,  destroy  or  tear  down  the  same, 
without  permission  of  said  officer,  such  person  shall 
be  fined  not  less  than  five  nor  more  than  twenty-five 
dollars  for  each  offense,  and  every  occupant  of  any 
house  or  building  upon  which  any  such  notice  shall 
be  placed  as  aforesaid  shall  be  held  responsible  for 
the  removal  of  the  same. 

§976.  Disinfection  of  Premises,  Etc.  (Sec.  105) 
The  health  officer  shall  have  power  to  cause  any 
house  or  premises  to  be  cleansed,  disinfected  or 
closed  to  visitors,  and  prevent  persons  from  resort- 
ing thereto  while  any  such  house  or  premises  con- 
tains any  persons  sick  with  any  such  communicable 

499 


disease.  Lie  may  direct  any  nuisance  to  be  abated 
or  any  unwholesome  matter,  dirt,  filtli,  to  be  removed 
from  any  house  or  premises  and  may  prescribe  tlie 
time  and  mode  of  doing*  so,  and  take  any  other 
measures  he  may  deem  necessary  or  proper  to  pre- 
vent tlie  spread  of  any  disease.  lie  shall  at  all  times 
keej)  on  hand,  so  far  as  is  practicable,  a sufficient 
(juantity  of  antitoxine  to  permit  of  the  treatment 
therewith  of  any  dependent  and  deserving*  person 
who  may  apply  to  him  for  that  purpose,  and  he  shall, 
without  charge,  treat  with  antitoxine  any  such  per- 
sons who  may  apply  to  him  and  who,  in  his  opinion, 
require  such  treatment. 

§977.  Isolation  Hospital.  (Sec.  106)  The  health 
officer  shall  have  charge  of  the  city  isolation  hos- 
pital and  shall  have  power  to  employ  such  assistants 
and  nurses  as  be  may  deem  necessary.  He  shall  see 
that  such  hospital  is  supplied  with  suitable  furni- 
ture, nourishment,  fuel  and  medicines,  and  that 
any  person  dying*  therein  is  promptly  and  properly 
buried. 

§978.  Shall  be  City  Phpician.  (Sec.  107)  The 
health  officer  shall  be  the  city  physician,  and  when 
requested  by  the  chief  of  police  shall  visit  the  police 
station  and  examine  and  make  provision  for  the  care 
of  all  persons  there  found  to  be  sick  or  injured.  He 
shall  when  requested  by  the  mayor  or  attorney,  visit, 
investigate  and  examine  all  cases  of  physical  injury 
claimed  or  alleged  to  result  from  defective  streets, 
alleys,  sidewalks,  or  bridges  or  from  any  cause  which 
might  render  the  city  liable  for  damages,  and  report 
the  result  of  such  investigation  and  examination  to 
the  mayor  or  attorney,  as  may  be. 

§979.  Rules  and  Regulations.  (Sec.  108)  The 
health  officer  shall  have  power  to  make  such  rules 
and  regulations  in  relation  to  the  sanitary  condition 

500 


of  tlie  city  and  for  the  prevention  or  suppression  of 
disease  not  inconsistent  with  the  provisions  of  this 
chapter,  as  he  may  deem  necessary  or  advisable. 
Such  rules  and  regulations  shall  not  take  effect  until 
approved  by  the  health  commission,  except  in  case 
of  communicable  diseases  or  in  case  the  sanitary 
condition  of  the  city  shall  be  of  such  a character  as 
to  warrant  it.  In  such  cases  it  shall  be  the  duty  of 
said  officer  to  make  such  rules  and  regulations  and 
to  take  such  measures  and  to  order  and  cause  to  be 
done  such  acts  for  the  preservation  of  the  public 
health,  though  not  herein  or  elsewhere  or  otherwise 
authorized,  as  he  may  believe  and  declare  the  public 
safety  and  health  demand,  and  all  such  rules  and 
regulations  so  declared  by  him  to  be  emergency  rules 
and  regulations  shall,  as  soon  as  may  be  after  the 
promulgation  of  same,  be  reported  by  him  to  the  said 
commission  for  approval.  Any  person  who  shall  vio- 
late, disobey  or  refuse  to  comply  with  any  rule,  order 
or  regulation  of  the  health  department,  made  in  con- 
formity with  the  provisions  of  this  section  shall  be 
fined  not  less  than  five  nor  more  than  twenty-five 
dollars  for  each  offense. 

§980.  Police  Powers.  (Sec.  109)  The  health  of- 
ficer and  all  regularly  appointed  members  of  the 
department  shall  have  the  right  and  the  power  to 
arrest  or  cause  to  be  arrested  any  person  who  vio- 
lates any  of  the  provisions  of  this  chapter. 

§981.  Books  and  Records.  (Sec.  110)  The 
health  commission  shall  provide  the  necessary  books 
for  keeping  a record  of  all  transactions  of  said  de- 
partment, including  the  proper  registration  of  all 
births  and  deaths  and  such  other  statistical  informa- 
tion necessary  for  the  efficient  working  of  said  de- 
partment. And  it  shall  also  keep  on  hand  all  neces- 
sary blanks  required  by  this  chapter  to  be  used  by 

501 


|)liysi(‘ians  and  furnish  them  with  the  same  on  appli- 
eation. 

§982.  Annual  Reports.  Estimates.  (Sec.  Ill) 
The  health  officer  shall  annually  on  or  before  the 
first  day  of  February,  send  to  the  council  a statement 
of  the  work  performed  by  his  department  during 
the  preceding  year,  together  with  such  other  informa- 
tion and  suggestions  regarding  his  department  as 
he  shall  deem  proper  to  be  submitted.  He  shall  also 
prepare  and  submit  to  the  auditor  on  or  before  the 
first  day  of  December  of  each  year,  an  estimate  of  the 
whole  cost  and  expenses  of  providing  for  and  main- 
taining his  department  during  the  ensuing  fiscal 
year,  which  shall  be  in  detail  and  shall  be  laid  by  the 
auditor  before  the  council  with  his  annual  estimate. 

§983.  Compensation.  (Sec.  112)  The  compen- 
sation to  be  paid  the  health  officer  for  his  services 
is  hereby  fixed  at  fifteen  hundred  dollars  per  annum. 
No  other  compensation  shall  be  allowed  or  paid  by 
the  city  to  the  health  officer  for  any  services  what- 
soever. 

§984.  Assistants  and  Employes.  Bonds.  Sala- 
ries. (Sec.  113)  There  shall  be  appointed  as  pro- 
vided by  the  charter,  such  assistants  and  employes 
in  the  health  department  as  are  provided  by  ordi- 
nance, and  said  assistants  and  employes  shall  be 
bonded  in  such  sum  and  receive  respectively  the 
salary  prescribed  by  ordinance,  and  such  assistants 
and  employes  shall  perform  such  duties  as  may  be 
assigned  to  them  by  the  health  officer,  and  by  the 
commissioner  of  public  health  and  sanitation.  [Ord. 
No.  730,  Chap.  17,  passed  Apr.  3,  1907,  as  amended 
by  Ord.  No.  894,  passed  Feb.  5,  1913.] 


502 


ARTICLE  3. 

OF  PHYSICIANS,  SURGEONS,  PI  I A ICM  AGISTS 
AND  OTHERS. 

§985.  Registration.  (Sec.  198)  No  physician, 
surgeon,  dentist  or  pharmacist  shall  ])ractice  or 
carry  on  his  hnsiness  in  this  city  until  he  shall  have 
registered  with  the  health  department,  in  a register 
ke])t  for  that  purpose.  Any  person  violating  any  of 
the  provisions  of  this  section  shall  be  lined  not  less 
than  five  nor  more  than  fifty  dollars  for  each  offense. 
[Ord.  No.  730,  passed  Apr.  3,  1907.] 

§986.  Physicians  to  Report  Births.  (Sec.  115) 
It  shall  he  the  duty  of  every  physician,  surgeon  or 
midwife  who  attends  'the  birth  of  any  child  within 
this  city  to  report  the  same  to  the  health  department 
within  two  weeks  from  the  date  of  such  birh.  Such 
reports  shall  be  made  in  writing  upon  blanks  fur- 
nished by  said  department  and  shall  show  the  name 
of  the  child  if  the  child  shall  be  named  within  such 
time,  the  time  and  place  of  birth,  the  name  of  the 
father,  the  maiden  name  of  the  mother,  the  sex  and 
color  of  the  child,  whether  it  be  born  alive  or  dead, 
and  such  other  information  as  the  health  department 
shall  require.  If  such  report  shall  not  include  the 
name  of  the  child,  then  the  clerk  shall  obtain  and 
include  same  in  his  records  within  ninety  days  from 
the  filing  of  such  report.  xVny  physician,  surgeon  or 
midwife  refusing  to  comply  with  any  of  the  provi- 
sions of  this  section  shall  be  fined  not  less  than  five 
nor  more  than  twenty  dollars  for  each  offense. 

§987.  Physicians  to  Report  Deaths.  (Sec.  116) 
It  shall  be  the  duty  of  every  physician  or  medical 
adviser  who  attends  at  the  last  illness  of  any  person 
within  this  city,  or  .of  a coroner  when  a case  comes 
under  his  jurisdiction,  to  report  the  death  of  such 

503 


person  to  the  liealtli  department  within  twenty-tour 
hours  after  sneli  death.  Such  reports  shall  be  made 
in  writing-  upon  blanks  furnished  by  said  depart- 
ment, and  shall  show  the  full  name,  age,  sex,  color 
and  occupation  of  deceased,  whether  single  or  mar- 
ried, and  the  place,  time  and  cause  of  death,  and 
such  other  information  as  the  department  shall  re- 
quire. It  shall  be  the  duty  of  the  householder  of  the 
house  where  the  death  occurred,  or  the  person  hav- 
ing the  care  or  supervision  of  the  person  dying,  to 
give  full  information  concerning  the  death,  to  the 
physician  or  coroner.  Any  person  violating  any  of 
the  provisions  of  this  section  shall  be  fined  not  less 
than  five  nor  more  than  twenty  dollars  for  each  of- 
fense. [Ord.  No.  730,  passed  Apr.  3,  1907.] 

§988.  Poisons.  Sold  on  Prescription.  (Sec. 
197)  No  druggist,  apothecary,  pharmacist  or  any 
other  person  shall  sell,  barter,  exchange,  give  away, 
dispose  of  or  deliver  to  any  person  within  this  city, 
any  morphine,  strychnine,  laudanum,  o])ium,  cocaine, 
carbolic  acid  or  any  extract  or  product  thereof,  ex- 
cept upon  the  written  prescription  of  a duly  licensed 
physician,  as  provided  in  this  article,  and  except 
upon  the  day  of  the  date  of  such  prescription;  and 
there  shall  be  for  each  such  sale,  barter,  exchange, 
gift,  disposal  or  delivery,  a special  and  distinct  pre- 
scri])tion  in  each  and  every  instance.  Every  drug- 
gist, apothecary  or  pharmacist  in  this  city  shall 
keep  a register  in  such  form  as  the  health  department 
shall  recjuire,  showing  the  date  of  sale  of  any  such 
])oison  or  any  extract  or  product  thereof,  and  the 
name  and  address  of  the  person  to  whom  sold. 

§989.  Contents  of  Prescription.  (Sec.  198)  The 
])rescription  shall  have  the  date  thereon  of  the  day 
on  which  it  is  made,  and  be  signed  by  the  licensed 
])hysician  making  it.  Such  i)liysician  shall  be  a 

504 


g-rachiate  in  medicine,  and,  as  siicli,  liave  a diploma 
from  a legally  constituted  or  chartered  (*ollege  or 
medical  institution,  and  the  i)rescription  shall  con- 
tain the  name  and  residence  of  the  i)atient  for  whom 
it  is  intended,  and  the  number  and  street  or  ])lace  of 
the  })hysician’s  office  or  residence. 

§990.  Prescription  Open  to  Inspection.  Keep 
for  Three  Years.  (Sec.- 199)  All  such  i)rescri])tions 
sliall  be  o})en  for  inspection  by  tlie  attorney,  chief 
of  police,  or  any  police  officer,  and  shall  be  kept  for 
three  years  after  receipt  of  same.  No  |)erson  shall 
refuse  or  prevent  the  inspection  of  such  prescription 
or  any  thereof  by  any  of  said  officers. 

§991.  Fraudulent  Prescriptions  Forbidden. 

(Sec.  200)  No  person  shall  present  any  false  or 
fprged  or  untrue  or  fictitious  inescription  for  any 
poison  or  obtain  the  same  by  means  thereof,  or  give 
any  false  or  fictitious  name,  or  give  or  make  any  false 
statement  or  false  re])resentation  to  obtain  or  in  ob- 
taining iioisons. 

§992.  False  Statements  and  Improper  Prescrip- 
tions by  Physicians  Forbidden.  (Sec.  201 ) No  ]diysi- 
cian  shall  put  any  wrong  or  false  date  on  .any  |)re- 
scription  for  any  morphine,  strychnine,  laudanum, 
opium,  cocaine,  or  carbolic  acid,  or  any  extract  or 
product  thereof,  or  any  pre])aration  or  com])ound  of 
which  it  is  an  element  or  ingredient,  or  give  any 
such  prescription  containing  any  false  statement  or 
representation,  or  give  any  such  ])rescri])tion  for  a 
dose  or  (luantity  greater  than  usual  or  necessary  for 
bona  fide  purposes,  to  cure  or  to  prevent  sickness  or 
disease. 

§993.  Crude  Carbolic  Acid  Mixture  and  Whole- 
sale Sales  Excepted.  (Sec.  202)  The  ])ro visions  of 
this  article  shall  not  apply  to  the  sale  of  crude  cai*- 

505 


S3 


l)oIi(‘  a('i(l  ill  (]iiantities  exceeding  one  gallon,  or  to 
tlie  sale  or  solution  or  mixture  containing  equal  por- 
tions of  carliolic  acid,  glycerine  and  alcoliol,  nor  to 
the  ('oimner(H‘  or  the  trade  to  or  between  wholesale 
druggists  and  retail  druggists,  apothecaries  or  phar- 
inachsts,  or  sales  or  gifts  to  public  institutions,  char- 
itable institutions  or  hospitals  for  medical  use  there- 
in. 


§994.  Penalty.  (Hec.  203)  Any  ])erson  violating 
any  of  the  provisions  of  this  article  shall  be  fined 
not  less,  than  ten  nor  more  than  one  hundred  dollars 
for  each  offense.  [Ord.  No.  730,  passed  Apr.  3, 
1907.] 

§995.  Peddling  Drugs.  (Hec.  194)  No  person 
shall  sell  or  ]>eddle,  from  house  to  house,  or  upon  the 
streets,  ways  or  pul)lic  places  of  the  city,  any  medi- 
cines or  drugs,  unless  such  person  shall  first  have 
registered  with  the  health  department  his  name  and 
address  and  furnished  the  health  officer  with  a sam- 
ple and  the  true  formula  of  such  medicines  or  drugs, 
and  receive  from  him  a permit  to  sell  or  peddle  the 
same.  91iis  section  shall  not  apply  to  traveling 
salesmen  dealing  directly  with  physicians  or  drug- 
gists. Any  person  violating  any  of  the  provisions 
of  this  section  shall  he  fined  not  less  than  twenty - 
five  nor  more  than  two  hundred  dollars  for  each  of- 
fense. 

§996.  Distributing  Patent  Medicines.  (Sec. 
195)  No  person  shall  distribute  or  cause  to  be  distrib- 
uted to  or  among  pedestrians,  or  to  throw  or  place  on 
or  cause  to  he  thrown  or  ])laced  into  or  upon  any 
car,  vehi(‘le  or  other  conveyance  along  or  upon  any 
public  street  or  alley  of  this  city,  or  to  throw,  place 
or  leave,  or  cause  to  be  thrown,  ])laced  or  left  into  or 
u])on  any  yard,  porch  or  premises,  any  drug,  physic 
or  medicine  of  any  kind,  or  sample  tliereof.  Any 

506 


person  violating’  any  of  the  provisions  of  this  section 
slmll  be  fined  not  les  than  ten  nor  more  than  one  hun- 
dred dollars  for  each  offense. 

§997.  Health  Department  Provide  Register. 

(Sec.  196)  The  health  department  shall  provide  a 
suitable  register  within  which  to  register  the  names, 
addresses,  dates  and  places  of  graduation  and  dates 
of  license  of  physicians  and  surgeons,  dentists  and 
pharmacists,  and  for  the  registration  of  peddlers  of 
drugs  and  medicines;  and  shall,  upon  the  registra- 
tion of  any  person,  as  in  this  article  required,  issue 
to  said  person  a certificate  of  the  fact  of  such  regis- 
tration, and,  in  case  of  peddlers,  a permit,  as  in  this 
article  required.  [Ord.  No.  730,  passed  Apr.  3, 
1907.] 


ARTICLE  4. 

OF  QUARANTINE  AND  VACCINATION. 

§998.  Physicians  to  Report  Communicable  Dis- 
eases. (Sec.  127)  It  shall  be  the  duty  of  every  physi- 
cian residing  or  practicing  within  this  city,  to  give 
written  notice  to  the  health  department  immediately 
of  any  case  of  Asiatic  cholera,  smallpox,  diphtheria, 
membranous  croup,  scarlet  fever,  scarlet  rash,  scar- 
letina,  typhoid  fever,  typhus  fever,  measles,  mumps, 
whooping  cough,  chicken  pox,  trachoma,  contagious 
conjunctivitis,  tuberculosis,  pneumona,  erysipelas, 
cerebral  spinal  meningitis,  or  any  other  disease  dan- 
gerous to  the  public  health  that  he  may  be  called  to 
attend  professionally,  and  any  .physician  who  shall 
fail  or  refuse  to  give  such  notice  as  herein  re- 
quired within  twenty-four  hours  after  he  shall  visit 
and  ascertain  the  character  of  any  such  disease, 

507 


s]iall  be  fined  not  less  tlian  ten  nor  more  than  twenty- 
five  dollars  for  each  and  every  day  he  so  neglects  to 
give  such  notice.  In  all  cases  where  there  is  no 
})hysician  in  attendance,  it  shall  be  the  duty  of  any 
householders,  hotel  or  lodging  house  keeper,  or  other 
person  having  knowledge  of  the  existence  of  any 
such  disease,  to  give  such  notice  as  herein  required 
of  ])hysicians,  with  like  penalty  for  failure  or  refusal, 
to  the  health  department  within  twenty-four  hours 
after  first  having  discovered  the  same. 

§999.  Establish  Quarantine.  (Sec.  128)  During 
the  existence  of  any  such  communicable  disease,  the 
health  officer  shall  have  the  power  to  quarantine  any 
such  disease,  and  (luarantine  shall  be  deemed  to  be: 

1.  The  placing  of  a card  of  not  less  than  8 x 14 
inches  in  size,  having  Imprinted  thereon  in  large 
letters,  the  ([uarantine  rules  of  the  health  depart- 
ment, upon  such  conspicuous  place  on  each  building, 
hall,  lodging  room  or  place  wherein  exists  any  such 
disease,  as  will  best  protect  the  pulhic  health. 

2.  The  separation  of  the  sick  from  all  other 
l)ersons,  if  possible,  except  the  members  of  the 
family,  the  attending  ])hysicians  and  nurses. 

\ 

o.  That  no  ])erson  shall  leave  such  ])remises  ex- 
ce])t  the  attending  ])hysicians,  without  the  permis- 
sion of  the  health  officer. 

4.  That  no  article  that  has  l)een  used  on  or 
about  the  sick  with  any  such  disease  shall  be  re- 
moved from  the  sick  room  nor  from  the  ])remises, 
until  the  same  has  l)een  ])roperly  disinfected.  Any 
person  violating  any  of  the  provisions  for  (]uarantine 
shall  he  lined  not  less  than  twenty-live  dollars  for 
ea(‘h  offense. 

(^luarantine  shall  he  established  and  maintained 
508 


in  each  and  every  case  for  at  least  the  period  named 
herein,  to-wit : Asiatic  cliolera,  21  days;  diphtheria, 
21  days;  meml)ranous  croup,  21  days;  scarlet  fever, 
scarletina,  scarlet  rash,  42  days;  smallpox,  28  days. 
The  health  officer  shall  have  power  to  prolong-  the 
])eriods  of  (piarantine  to  such  time  as  he  shall  have 
satisfactory  evidence  that  the  patient  is  free  from 
disease. 

I)i})htheria.  All  persons  who  may  have  diph- 
theria shall  he  properly  isolated  and  shall  not  be 
allowed  to  attend  day  school,  Sunday  school  or  other 
})lace  of  public  meeting  for  a period  of  at  least  three 
weeks,  or  until  the  throat  is  clear. 

Erysipelas.  All  persons  who  may  have  erysip- 
elas shall  be  properly  isolated  and  shall  not  be  al- 
lowed to  attend  day  school,  Sunday  school  or  other 
place  of  public  meeting  for  at  least  one  week  after 
the  disappearance  of  the  skin  inflammation. 

Measles.  All  persons  who  may  have  measles 
shall  be  properly  isolated  and  shall  not  be  allowed 
to  attend  day  school,  Sunday  school  or  other  place 
of’ public  meeting  for  a period  of  at  least  three  weeks, 
or  such  time  as  any  complication  may  be  present. 

Mumps.  All  persons  who  may  have  mumps  shall 
be  properly  isolated,  and  shall  not  be  allowed  to 
attend  day  school,  Sunday  school  or  other  place  of 
public  meeting  for  a period  of  at  least  three  weeks. 

Pertussis.  All  persons  who  may  have  pertussis 
shall  be  properly  isolated,  and  shall  not  be  allowed 
to  attend  day  school,  Sunday  school  or  other  place 
of  public  meeting,  while  the  characteristic  “whoop” 
may  be  present. 

Scarlet  Fever.  No  person  who  lives  in  any 
house  or  dwelling  within  which  there  has  been  a 


509 


(*ase  of  s(‘ai*Iet  fever  shall  be  allowed  to  attend  day 
school,  Sunday  school  or  other  place  of  public  meet- 
ing- for  at  least  eight  weeks  from  the  time  the  patient 
in  said  house  or  dwelling  was  taken  with  such  dis- 
ease, and  in  any  case,  said  person  shall  not  be  per- 
mitted to  attend  any  such  place  of  public  meeting  for 
a ])eriod  of  two  weeks  after  building  has  been  fumi- 
gated. 

Smallpox.  Every  person  suffering  from  small- 
pox shall  be  sent  to  an  isolation  hospital  immediately 
upon  the  discovery  of  such  disease.  Every  person 
who  shall  have  been  in  any  manner  exposed  to  small- 
pox shall  be  vaccinated  and  kept  in  detention  for  two 
weeks  from  the  time  of  such  exposure.  The  health 
officer  shall  cause  every  house  or  premises  in  which 
a small-pox  patient  has  been,  to  be  properly  disin- 
fected. 

Typhoid  Fever.  x\ll  persons  who  may  have  ty- 
phoid fever  shall  be  properly  isolated,  and  the  ex- 
creta must  be  properly  disinfected  under  the  direc- 
tion of  the  health  department. 

\"aricella.  All  persons  who  may  have  varicella 
shall  be  properly  isolated  and  shall  not  be  allowed  to 
attend  day  school,  Sunday  school  or  other  place  of 
public  meeting  for  a period  of  two  weeks,  or  until 
such  a time  as  all  scabs  shall  have  fallen  off  from 
the  body. 

§1000.  Disinfection.  (Sec.  ]29)  It  shall  be  the 
duty  of  the  health  officer,  at  the  termintaion  of  any 
case  of  such  communicable  disease,  to  disinfect,  or 
cause  to  be  disinfected,  the  premises  upon  which  such 
disease  shall  have  occurred,  together  with  all  in- 
fected furniture,  bedding,  clothing,  and  other  arti- 
cles. If  any  person  as  owner,  occupant,  lessee  or 
agent,  shall  refuse  to  permit,  or  in  any  manner  in- 


terfere  with  the  health  officer  to  disiiife(‘t  [)roperly 
any  house,  builcliiig  or  ])lace  where  there  has  been 
such  communicable  disease,  he  shall  be  fined  not  less 
than  five  nor  more  than  twenty-five  dollars  for  eacli 
offense. 

§1001.  Release  of  Quarantine.  (Sec.  130)  No 
order  for  the  relase  of  quarantine  shall  be  made  by 
the  health  officer  until  he  is  satisfied  that  the  rules 
and  regulations  of  the  department  have  been  com- 
plied with.  The  attending  physician  or  any  person 
having  charge  of  the  sick,  shall,  on  recovery  of  such 
person,  transmit  a statement  to  the  health  officer 
stating  the  name  of  the  person  sick  and  when  he  re- 
covered. If  any  physician  or  other  person  shall  re- 
lease any  quarantine  without  a written  order  so  to 
do  of  the  health  officer,  he  shall  be  fined  not  less 
than  five  nor  more  than  twenty-five  dollars  for  each 
offense. 

§1002.  Not  to  Attend  School  or  Other  Public 
Places.  (Sec.  131)  During  the  existence  of  any  com- 
municable disease  in  any  family  household  or  place 
within  this  city,  and  until  after  the  recovery  of  the 
sick  and  the  disinfection  of  the  premises  where  such 
disease  shall  have  existed,  no  person  residing  in  such 
household,  family  or  place,  shall  be  permitted  to 
attend  school  nor  any  public  place  without  written 
permission  from  the  health  officer;  and  no  superin- 
tendent, teacher  or  officer  of  any  school  shall  allow 
any  child  or  person  from  any  such  household,  family 
or  place,  to  attend  any  school  without  a permit 
signed  by  the  health  officer,  showing  thorough  dis- 
infection of  the  person,  clothing  and  premises.  Any 
person  violating  any  of  the  provisions  of  this  section 
shall  be  fined  not  less  than  twenty-five  dollars  for 
each  offense. 

§1003.  Expense  of  Quarantine.  (Sec.  132)  All 

511 


(‘X])eiises  iiK'iiri'ed  on  account  of  any  j)erson  or  g’oods 
under  any  (jiiarantine  i-e^nlation  of  this  city,  shall 
he  paid  hy  sncli  ])erson  or  hy  the  owner  of  such 
i>-oods,  res})ectively. 

§1004.  Not  Rent  or  Lease  House.  (Sec.  133) 
Xo  person,  'wliether  as  owner,  occnpaiit,  lessee  or 
a^ent,  shall  rent  or  lease,  or  permit  to  be  occupied 
hy  any  ])erson,  any  house,  room  or  place  in  which 
there  has  been  any  of  the  communical)le  diseases 
named  in  this  article,  or  in  which  any  person  has  died 
from  tuberculosis,  until  the  same  has  been  disinfected 
and  such  disinfection  ai)proved  hy  the  health  offi- 
cer. Any  person  violating-  any  of  the  provisions  of 
this  section  shall  he  fined  not  less  than  ten  nor  more 
than  one  hundred  dollars  for  each  offense. 

§1005.  Not  Sell  Clothing.  (Sec.  134)  No  per- 
son shall  give,  lend,  sell  or  offer  for  sale  any  clothing 
or  other  article  liable  to  convey  infection  of  any  such 
communicable  disease  unless  the  same  has  been  dis- 
infected and  such  disinfection  approved  by  the 
health  officer.  Any  person  violating  any  of  the  pro- 
visions of  this  section  shall  be  fined  not  less  than 
five  nor  more  than  twenty-five  dolars  for  each  of- 
fense. 

§1006.  Not  Remove  Any  Person  Sick.  (Sec. 
135)  No  person  shall  remove  or  cause  to  be  removed, 
or  assist  in  removing  any  person  sick  with  any  such 
communicable  disease  from  any  house  or  place  within 
this  city  to  any  other  house  or  place,  without  a per- 
mit from  the  health  officer,  first  ])rocured  for  that 
pur])ose,  and  no  person  shall  drive  or  use  any  vehi- 
cle, or  permit  any  vehicle  belonging  to  him  or  un- 
der his  control  or  charge,  to  be  driven  or  used  for 
the  conveyau(*e  of  any  ])erson  sick  with  any  such 
communicable  disease,  without  first  obtaining  a per- 
mit from  the  health  offi(‘er.  Any  ])crson  violating 

512 


any  of  the  provisions  of  this  section  shall  he  fined 
not  less  than  tive  nor  more  than  twenty-five  dollars 
for  each  offense. 

§1007.  Not  to  Bring  Persons  Sick  With  Small- 
pox Into  the  City.  (Sec.  136)  No  person  having 
charge  or  the  management  of  any  railroad  car  or  any 
l)assenger  or  freight  train,  engine  or  street  car,  nor 
any  other  person,  shall  knowingly  l)ring  into,  oi‘ 
cause  to  enter  this  city,  any  person  sick  with,  or 
having  been  exposed  to,  smallpox  or  varioloid.  Any 
person  violating  any  of  the  provisions  of  this  section 
shall  be  fined  not  less  than  twenty-five  nor  more  tlian 
one  hundred  dollars  for  each  offense. 

§1008.  Vacate  Building.  (Sec.  137)  Whenever 
it  shall  be  decided  by  the  health  officer  that  any 
building  or  part  thereof  is  unfit  for  human  habitation 
by  reason  of  its  being  infected  with  any  communica- 
hle  disease  or  from  other  causes,  if  it  is  likely  to 
cause  sickness  among  the  occupants,  notice  of  such 
disease  or  other  cause  may  be  fixed  conspicuously 
upon  the  huilding  or  part  thereof  decided  to  be  so 
infected,  and  personally  served  upon  the  owner,  les- 
see or  agent,  requiring  all  persons  therein  immedi- 
ately to  vacate  said  building  or  part,  thereof  for  the 
reasons  to  be  therein  stated.  If  it  shall  be  necessary, 
in  the  judgment  of  the  health  commission,  to  pre- 
serve the  public  health,  such  building  shall  be 
removed  or  destroyed  at  the  expense  of  the  owner, 
agent  or  lessee  or  said  property. 

§1009.  Burial,  Contagious  Diseases.  (Sec.  138) 
The  body  of  a person  who  has  died  from  any  con- 
tagious disease  shall  not  be  removed  from  the  room 
wherein  death  occurred  until  it  has  been  wrapped  in 
a cloth  saturated  with  a proper  disinfectant,  then 
tightly  enclosed  in  a coffin.  The  body  then  shall  be 
huried  immediately  without  the  attendance  of  any 

513 


person  other  tJian  is  necessary  for  the  interment 
thereof;  or,  if  transported,  it  shall  he  prepared  for 
transporation  under  the  rules  and  reg-ulations  of  the 
Colorado  state  board  of  health  governing*  the  trans- 
portation of  bodies  dead  from  such  contagious  dis- 
ease. Any  person  violating  any  of  the  provisions 
of  this  section  shall  he  hned  not  less  than  ten  nor 
more  than  twenty-five  dollars  for  each  offense. 

§1010.  Burial,  Communicable  Disease.  (Sec. 
139)  The  funeral  of  any  person  dead  from  any  com- 
municable disease,  except  tuberculosis,  shall  be  pri- 
vate, and  no  undertaker,  sexton  or  other  person  hav- 
ing charge  or  direction  of  the  burial  of  any  person 
dead  from  any  such  disease  shall  permit  the  coffin 
or  casket  containing  such  body  to  be  opened  in  the 
presence  of  any  child,  nor  shall  any  child  be  per- 
mitted to  act  as  pall  bearer  or  carrier  at  the  funeral 
of  any  such  person.  Any  person  violating  any  of  the 
provisions  of  this  section  shall  be  fined  not  less  than 
five  nor  more  than  twenty-five  dollars  for  each  of- 
fense. [Ord.  No.  730,  passed  Apr.  3,  1907,  as  amend- 
ed by  Ord.  No.  894,  passed  Feb.  5,  1913.] 

§1011.  Smallpox.  Vaccination.  (Sec.  204)  The 
health  department  may  take  such  measures  as  it 
may  deem  necessary  to  prevent  the  spread  of  small- 
pox and  may  require  any  and  all  persons  in  the  city 
to  be  vaccinated  within  such  time  as  it  shall  pre- 
scribe. The  health  officer  shall  at  all  times  keep  on 
hand,  as  far  as  practicable,  a sufficient  quantity  of 
vaccine  lymph,  so  that  he  may  be  able  to  vaccinate 
any  and  all  persons  who  may  apply  to  him  for  that 
purpose.  He  shall  give  a certificate  of  vaccination 
to  any  child  who  shall  have  been  vaccinated  and  who 
shall  require  such  certificate  in  order  to  secure  ad- 
mission to  any  public  or  private  school. 

§1012.  Compulsory  Vaccination.  (Sec.  205)  The 
514 


health  officer  shall  have  the  power  to  enter  any  lodg- 
ing house,  hoarding  house,  schoolhouse  or  other 
place  where  persons  congregate  or  collect  in  large 
numbers,  for  the  purpose  of  vaccinating  any  person 
or  all  persons  found  therein,  at  any  time  when,  in 
the  opinion  of  the  said  officer,  smallpox  is  epidemic 
or  where  it  shall  have  come  to  the  knowledge  of  said 
officer  that  any  person  infected  with  smallpox,  or 
who  has  been  exposed  to  infection,  has  recently  been 
allowed  to  be  present  in  or  about  any  such  lodging- 
house,  boarding  house,  schoolhouse  or  other  place  as 
hereinbefore  mentioned.  Said  officer  shall  have  the 
power  and  is  hereby  authorized  to  vaccinate  any  per- 
son found  in  any  such  place,  whom  he  shall  deem  it 
necessary  or  advisable  to  vaccinate,  and  he  shall 
have  the  power,  and  is  hereby  authorized,  at 
any  time  when  smallpox  is  prevalent,  or  an 
epidemic  of  smallpox  appears  to  be  imminent, 
to  vaccinate  any  person  within  the  city  whom  he 
shall  deem  it  necessary  to  vaccinate,  provided, 
however,  that  if  any  such  person  shall  desire  to 
be  vaccinated  by  his  own  physician  or  by  some  duly 
licensed  physician  other  than  the  health  officer,  he 
shall  be  permitted  to  be  vaccinated  by  such  physi- 
cian, if  such  vaccination  be  performed  forthwith  and 
in  a manner  satisfactory  to  the  health  officer. 

§1013.  Duty  of  Persons  Controlling  Minors. 

(Sec.  206)  Every  person,  being  the  parent  or  guard- 
ian, or  having  the  care,  custody  or  control  of  any 
minor,  shall,  to  the  extent  of  any  means,  power  and 
authority  of  such  parent,  guardian  or  other  person 
than  can  properly  be  used  or  exerted  for  such  pur- 
pose, cause  and  procure  such  minor  to  be  so  prompt- 
ly, frequently  and  effectively  vaccinated  that  such 
minor  shall  not  take  or  be  liable  to  take  smallpox. 

§1014.  Requisite  to  Admission  to  School.  (Sec. 
207)  No  principal  or  person  in  charge  or  control  of 

515 


any  school  shall  admit  to  any  such  school  any  child 
who  shall  not  have  been  vaccinated  within  seven 
■years  next  ])receding*  the  admission  or  application 
to  any  such  school  of  such  child,  nor  shall  any  such 
princi])al  or  person  retain  in  or  permit  to  attend  any 
such  school  any  child  who  shall  not  have  been  vacci- 
nated as  herein  provided. 

§1015.  Evidence  of  Vaccination.  (Sec.  208) 
The  evidence  of  such  vaccination  to  be  presented  to 
any  such  |)rincipal,  or  person  mentioned  in  the  ])re- 
ceding-  section,  shall  be  a certificate  signed  by  the 
health  officer  or  any  physician  duly  licensed  by  the 
state  board  of  health.  / 

§1016.  Penalty.  (Sec.  209)  Any  person  who 
shall  violate  any  of  the  provisions  of  this  article,  or 
who  shall  resist  or  cause  resistance  to  1)e  made 
against  the  entry  of  the  health  officer  or  any  officer 
of  the  health  department  to  any  place  described  in 
this  article,  which  said  department  or  said  officer 
shall  desire  to  make  entry  into  for  the  purpose  of 
carrying  out  the  provisions  thereof,  or  who  shall  re- 
fuse, neglect  or  fail  to  comply  with  any  order  or  reg- 
ulation made  by  said  health  officer,  and  necessary 
for  the  purpose  of  carrying  into  effect  the  provisions, 
of  this  article;  and  any  principal  or  person  man- 
aging or  in  control  of  any  public  or  private  school, 
who  shall  in  any  way  attempt  to  prevent  the  health 
officer  from  exercising  the  power  conferred  upon 
him  by  this  article  shall  be  fined  not  less  than  ten 
nor  more  than  one  hundred  dollars  for  each  offense. 
[Ord.  No.  730,  passed  Apr.  3,  1907,  as  amended  by 
Ord.  No.  894,  passed  Feb.  5,  1913.] 


ARTICLE  5. 

OF  GENERAL  SANITARY  REGULATIONS. 

§1017.  Inspection.  (See.  210)  The  health  de- 
partment shall  cause  a thorough  sanitary  inspection 
of  the  entire  city  and  the  area  within  its  jurisdiction 
at  least  once  a year,  and  shall  immediately  there- 
after make  a report  to  the  council  of  the  conditions 
disclosed  by  such  inspection. 

§1018.  Teachers  in  Schools.  (Sec.  211)  No  per- 
son affected  with  tuberculosis  shall  be  employed  by 
the  school  board  to  teach  in  any  of  the  departments 
of  the  public  schools  of  this  city.  [Ord.  No.  730, 
passed  Apr.  3,  1907.] 

§1019.  Spitting  Prohibited  in  Public  Places. 

(Sec.  212)  No  person  shall  spit  upon  any  sidewalk 
or  upon  the  floor  of  any  streetcar,  omnibus,  hack  or 
other  vehicle  which  is  used  for  conveying  passen- 
gers, or  upon  the  stairway,  floor  or  wall  of  any  hall 
or  building,  or  upon  the  walks,  lawn,  pavilion  or 
other  structure  in  any  park  open  to  the  public.  No 
person  whose  lungs  are  diseased,  or  whose  sputum 
is  such  as  to  arouse  suspicion  of  being  infectious 
shall  spit  on  any  street,  alley,  lawn,  or  in  any  other 
place  within  the  city  which  the  health  officer  shall 
consider  to' he  dangerous  to  the  public  health,  and 
any  such  person  finding  it  necessary  to  spit  while 
in  any  public  place  must  provide  himself  with  a 
sputum  cup,  cloth,  or  other  material  which  can  be 
properly  destroyed,  burned,  or  disinfected,  or  other- 
wise disposed  of  in  any  manner  satisfactory  to  the 
department  of  public  health. 

Any  person  violating  any  of  the  provisions  of 
this  section  shall  be  fined  not  less  than  one  nor  more 
than  five  dollars  for  each  offense.  [Ord.  No.  730, 


517 


passed  Apr.  3,  1907,  as  amended  by  Ord.  No.  808, 
passed  May  18,  1910.] 

§1020.  Provide  Cuspidors.  (Sec.  213)  Every 
owner,  agent,  lessee  or  occupant  of  any  public  hall 
or  building  shall  provide  the  same  with  cuspidors  in 
sufficient  number  to  accommodate  the  necessities 
thereof.  Any  person  failing  or  refusing  to  comply 
with  the  provisions  of  this  section  shall  be  fined  not 
less  than  one  nor  more  than  five  dollars  for  each  of- 
fense. 

§1021.  Not  Throw  Refuse  on  Streets  or  Alleys 
or  Vacant  Lots.  (Sec.  214)  No  person  shall  throw, 
put  or  place  in  any  street,  alley  or  vacant  lot  in  this 
city,  any  wrapping  paper,  old  clothes,  shoes,  hats, 
bottles,  broken  glass,  straw,  hay,  tin  cans,  decayed 
vegetables  or  fruit,  or  garbage,  ashes,  swill,  slops, 
manure,  or  filth  of  any  kind.  Any  person  violating 
any  of  the  xjrovisions  of  this  section  shall  be  fined  not 
less  than  five  nor  more  than  twenty-five  dollars  for 
each  offense.  [Ord.  No.  730,  passed  Apr.  3,  1907.] 

§1022.  Hospitals  for  Exclusive  Treatment  of 
Tuberculosis,  Etc.,  Prohibited.  (Sec.  1)  It  shall  be 
unlawful  for  any  person,  firm  or  corporation  to  build, 
erect,  establish  or  maintain  any  hospital,  sanatorium 
or  similar  place  or  institution  for  the  exclusive  care 
or  treatment  of  persons  having  tuberculosis  of  the 
lungs  or  respiratory  tract,  or  persons  having  any 
other  contagious  disease  within  the  cor])orate  limits 
of  the  city  of  Colorado  Springs. 

§1023.  Penalty.  (Sec.  2)  Any  person,  firm  or 
corporation  violating  any  of  the  provisions  of  this 
ordinance  shall,  on  conviction,  be  fined  in  any  sum 
not  exceeding  three  hundred  dollars;  each  day  that 
any  of  the  institutions  herein  prohibited  are  main- 
tained or  kept  open  for  the  reception  of  patients 
shall  be  a se|)arate  offense 'and  shall  be  ])unished  ac- 

518 


(‘ordiii^ly.  [Orel.  No.  81d,  i)assed  duly  O.  1910.]. 

§1024.  Ambulances.  Right  of  Way.  (Sec.  114) 
All  amlmlaiices  and  vehicles  belonging  to  the  health 
department  and  all  ambulances  and  vehicles  belong- 
ing to  any  hos])ital,  recognized  by  the  health  depart- 
ment as  being  regular  hospitals,  shall  have  the  right 
of  way  in  the  streets  of  the  city  when  conveying  any 
patient  or  injured  ])erson  to  any  hos])ital  or  when 
proceeding  to  the  scene  of  any  accident,  and  any  per- 
son refusing  to  yield  the  right  of  way  where  it  is 
possible,  shall  he  fined  not  exceeding  twenty-five 
dollars  for  each  offense.  [Ord.  No.  730,  passed  Apr. 
3,  1907.] 

§1025.  Towels  in  Public  Places.  (Sec.  1)  That 
no  person,  firm  or  corporation  shall  hang  or  place,  or 
cause  or  permit  to  be  hung  or  placed,  any  towel,  or 
other  material  which  could  be  used  for  the  pnr])oses 
of  a towel,  in  any  place  in  any  store,  building,  hotel, 
restaurant,  church,  hall,  factory,  theatre,  or  other 
public  place  where  more  than  one  xierson  could  use 
the  same  for  said  purposes;  provided  that  this  ordi- 
nance shall  not  apply  to  paper  towels  which  are  to 
be  discarded  after  use  by  one  individual,  or  towels 
of  such  size  that  they  can  properly  be  used  but  once 
and  if  placed  in  sufficient  quantity  to  accommodate 
all  persons  who  may  make  use  of  them. 

§1026.  Penalty.  (Sec.  2)  Any  violation  of  this 
ordinance  shall  be  punished  by  a fine  of  not  exceed- 
ing fifty  dollars  ($50).  [Ord.  No.  930,  passed  Dec. 
10,  1913.] 


ARTICLE  6. 

OF  BURIALS  AND  DISINTERMENTS. 

§1027.  Burial  in  Unauthorized  Place  Forbidden. 

519 


(b^e(‘.  1)  It  shall  liereafter  be  unlawful  for  any  per- 
son, corporation  or  society  to  bury  or  cause  or  per- 
mit to  be  buried,  any  place  within  the  corporate 
limits  of  Colorado  S])rings,  the  body  of  any  dead 
])erson,  exce])t  in  such  cemeteries  or  burial  i>;rounds 
as  may  hereafter  l)e  authorized  and  designated  by 
the  city  council. 

§1028.  Removal  of  Bodies  Required.  (Sec.  2) 
It  shall  be  the  duty  of  any  person,  corporation  or 
society  having  the  care,  charge,  custody  or  control  of 
any  grounds,  within  the  city  limits  of  Colorado 
Springs,  whereon  or  wherein  any  dead  body  has 
heretofore  been  buried,  to  remove,  or  cause  to  be  re- 
moved, such  dead  body  from  such  burial  place,  with- 
in ninety  (90)  days  from  and  after  the  date  of  the 
passage  of  this  ordinance. 

§1029.  Penalty.  (Sec.  3)  lOvery  ])erson,  cor- 
])oration  or  society  violating  any  of  the  provisions  of 
this  ordinance  shall,  upon  conviction,  be  fined  in  any 
sum  not  exceeding  one  hundred  dollars. 

§1030.  City  May  Remove  Body.  Collect  Ex- 
pense. (Sec.  4)  Should  any  person,  corporation  or 
society,  referred  to  in  sections  1 and  2 of  this  or- 
dinance, fail,  neglect  or  refuse  to  com])ly  with  any  of 
the  ]U‘ovisions  of  this  ordinance,  then  the  city  sexton 
shall  proceed,  under  the  direction  of  the  committee 
on  cemetery,  to  disinter  and  remove  such  l)ody  or 
bodies,  and  the  expense  thereof  shall  be  charged  to 
and  be  collected  from  the  ])erson„  corporation  or 
society  whose  duty  it  is,  under  the  provisions  of  this’ 
ordinance,  to  remove  the  same,  which^ expense  may 
be  collected  by  pro])er  legal  action.  [Ord.  No.  487, 
})assed  Oct.  20,  1896.] 

§1031.  Not  to  Bury  in  City.  (Sec.  117)  It  shall 
be  unlawful  for  any  ])erson  to.  bury  any  human  body 

520 


or  to  deposit  any  limnaii  body  in  any  vault  within 
this  city.  Any  person  violating*  any  of  the  pro- 
visions of  this  section  shall  be  fined  not  less  than 
ten  nor  more  than  one  hundred  dollars  for  each  of- 
fense. 

§1032.  Permit  for  Burial  or  Transportation. 

({^ec.  118)  No  dead  body  of  any  person  shall  be 
taken  from  this  city  for  burial  by  any  undertaker 
or  other  person,  until  a permit  for  the  removal  and 
burial  of  such  body  shall  have  been  granted  by  the 
health  department.  Any  person  violating  any  of 
the  provisions  of  this  section  shall  be  fined  not  less 
than  ten  nor  more  than  one  hundred  dollars  for  each 
offense.  Upon  the  receipt  of  a report  of  death  as 
required  by  section  116  of  this  chapter,  the  health 
department  shall  make  a record  thereof  *and  issue  a 
permit  for  the  removal  from  the  city  or  the  burial  of 
the  body  of  such  deceased  person  and  deliver  the 
same  to  the  undertaker  or  other  person  having 
charge  of  the  burial  of  said  body. 

§1033.  Not  to  Bury  Without  Permit.  (Sec.  119) 
No  sexton  or  other  person  having  charge  or  control 
of  any  cemetery,  burying  place,  tomb  or  vault,  under 
the  jurisdiction  of  this  city,  shall  bury  the  dead,  body 
of  any  person,  or  remove  such  body  from  or  out  of 
the  city  without  having  a permit  so  to  do.  Any  per- 
son violating  any  of  the  provisions  of  this  section 
shall  be  fined  not  less  than  ten  nor  more  than  one 
hundred  dollars  for  each  offense. 

§1034.  Disinterment.  (Sec.  UlO).  No  person 
shall  take  u])  or  remove  the  body  of  any  dead  person 
from  its  j3lace  of  original  interment  nor  take  up  nor 
remove  such  body  from  one  grave  or  vault  to  another 
within  any  cemetery  or  burial  place  within  the  juris- 
diction of  the  city,  without  a written  permit  of  the 
health  officer  so  to  do.  Any  person  violating  any  of 

521 


tli(‘  provisions  of  this  section  shall  he  fined  not  less 
than  ten  nor  inoi-e  than  one  hundred  dollars  for  each 
offense. 

§1035.  Regulations  for  Disinterment.  (Sec. 
121 ) In  aH  cases  in  which  a permit  has  been  obtained 
from  the  health  officer  for  such  disinterment  the 
same  shall  he  ])erformed  under  the  rules,  regulations 
and  precautions  of  the  C^olorado  state  hoard  of 
health. 

§1036.  Not  to  Receive  Dead  Body  From  Out- 
side the  City.  (Sec.  122)  No  undertaker  or  other 
person  nor  any  common  carrier  or  person  engaged 
as  expressman  or  pul)lic  cartman  shall  receive  from 
any  railroad  coni])any,  ex})ress  conp^any  or  other 
corporation  or  person  engaged  as  a common  carrier 
or  in  the  conveyance  of  passengers,  freight  or  mer- 
chandise, any  dead  human  body  l)rought  from  any 
place  outside  of  this  city  unless  there  shall  be  pre- 
sented with  such  dead  body,  a permit  or  certificate 
from  the  hoard  of  health  of  the  place  where  the  death 
occurred.  Such  ])ermit  or  certificate  shall  contain 
the  name  and  age  of  the  deceased,  the  date,  hour, 
place  and  camse  of  death,  and  the  name  of  the  physi- 
cian or  coroner  certifying  to  such  death.  And  if 
such  death  shall  have  been  caused  by  any  infectious 
or  contagious  disease,  or  if  such  body  shall  be  in  an 
offensive  condition,  or  in  a condition  dangerous  to 
the  health  of  the  community,  such  body  shall  not  be 
received  by  any  such  person  unless  in  addition  to 
such  permit  or  certiticate,  there  shall  be  produced 
the  permission  of  the  health  officer  for  the  bringing 
into  the  city  of  sucli  body.  Such  permit  or  certifi- 
cate from  such  foreign  board  of  health  shall  be  im- 
mediately ]U’esented  to  and  filed  with  the  health  de- 
partment, upon  which  a permit  for  the  burial  of  such 
body  shall  be  issued.  Any  person  violating  any  of 

522 


the  provisions  of  this  section  shall  be  fined  not  less 
than  ten  nor  more  than  one  hundred  dollars  for  each 
offense.  [Ord.  No.  730,  passed  Apr.  3 , 1907,  as 
amended  by  Ord.  No.  894,  passed  Feb.  5,  1913.] 


ARTICLE  7. 

OP  E\^ERGREEN  CEMETERY. 

§1037.  Evergreen  Cemetery.  (Sec.  85)  The 
city  cemetery  and  all  additions  thereto  are  hereby  set 
apart  for  the  interment  of  the  dead,  and  shall  be 
known  as  ‘‘Evergreen  Cemetery.”  [Ord.  No.  730, 
passed  Apr.  3,  1907.] 

§1038.  Appointment  of  Superintendent.  Bond. 

(Sec.  86)  There  is  hereby  created  the  position  of 
superintendent  of  the  cemetery.  The  superintendent 
shall  be  recommended  by  the  commissioner  of  public 
health  and  sanitation  and  shall  be  appointed  by  the 
mayor  for  an  indefinite  term  and  shall  be  subject  to 
removal  at  any  time  by  the  mayor  or  by  the  council 
as  provided  in  the  charter.  He  shall  be  bonded  in 
some  reliable  surety  company  in  such  sum  as  may  be 
provided  by  ordinance,  for  the  faithful  performance 
of  the  duties  of  his  office,  and  that  he  will  upon  his 
removal  or  resignation  from  his  position,  forthwith, 
upon  demand,  deliver  to  his  successor,  all  property 
and  things  in  his  custody  or  control  belonging  to  the 
city.  [Ord.  No.  730,  passed  Apr.  3,  1907,  as  amended 
by  Ord.  No.  893,  passed  Jan.  29,  1913.] 

§1039.  Duties.  (Sec.  87)  The  superintendent 
shall  have  general  supervision  and  care  of  Evergreen 
cemetery  and  it  shall  be  his  duty  to  see  that  all  lots, 
lawns,  walks,  drives,  trees  and  plants  are  kept  in 

523 


,i>‘()()(l  order  and  eoiidition.  He  shall  dig  or  cause  to 
l)e  dug  and  repaired,  any  graves  that  may  he  desired, 
upon  proj)er  permit  and  shall  have  such  graves  in 
readiness  for  the  appointed  time  of  burial  ; provided, 
that  he  shall  hav6  had  notice  of  burial  six  hours  of 
daylight  previous  thereto.  He  shall  care  for  all  lots 
when  he  shall  have  been  notified  by  the  clerk  that  the 
ovv^ner  thereof  has  paid  the  fees  therefor  as  provided 
by  this  chapter.  He  shall  devote  all  of  his  time  to 
the  care  of  the  cemetery  and  shall  perform  such 
other  duties  as  the  rules  and  regulations  governing 
said  cemetery  shall  require  of  him.  He  shall  make  a 
written  report  to  the  clerk  on  or  before  the  10th  day 
of  each  calendar  month,  showing  all  interments  and 
their  locations  during  the  preceding  calendar  month. 
Such  reports  shall  he  made  on  blank  forms  furnished 
by  the  clerk  for  that  purpose.  [Ord.  No.  730,  passed 
Apr.  3,  1907.] 

§1040.  Compensation.  (Sec.  88)  The  compen- 
sation to  be  ])aid  the  superintendent  of  the  cemeteiw 
for  his  services  is  hereby  fixed  at  the  sum  of  fifteen 
hundred  d-^llars  per  annum.  No  other  compensation 
shall  he  allowed  or  paid  by  the  city  to  the  superin- 
tendent for  any  other  service  whatsoever.  [Ord.  No. 
730,  passed  Apr.  3,  1907,  as  amended  by  Ord.  No. 
710,  passed  Jan.  6,  1908.] 

§1041.  Assistants.  (Sec.  89)  Upon  the  recom- 
mendation of  the  commissioner  of  public  health  and 
sanitation  the  mayor  shall  appoint  such  assistant 
superintendents  of  the  cemetery  as  the  council  may 
authorize  by  ordinance  or  resolution.  The  commis- 
sioner of  health  and  sanitation  shall  appoint  all  day 
laborers  and  unskilled  workmen  in  the  cemetery  and 
remove  any  ]^erson  so  a]:)pointed  by  him  for  any  rea- 
son he  may  deem  proper.  [Ord.  No.  730,  passed  Apr. 
3,  1907,  as  amended  by  Ord.  No.  893,  ]>assed  Jan.  29, 
1913.] 


524 


§1042.  Charges  for  Graves.  (Sec.  90)  There 
shall  be  charged  for  the  digging  and  filling  of  graves 
and  disinterring  bodies,  including  the  services  of  the 
superintendent  at  the  burial,  for  digging  graves: 

For  persons  under  two  years  old,  three  dollars; 
for  persons  two  and  under  ten  years  old,  four  dol- 
h'lrs;  for  persons  ten  years  old  and  over,  five  dollars; 
for  digging  underground  vault,  eight  dollars. 

For  disinterring  bodies  for  removal  from  the 
cemetery : 

Of  persons  under  two  years  old,  four  dollars ; of 
persons  two  and  under  ten  years  old,  six  dollars;  of 
persons  ten  years  old  and  over,  seven  dollars  and 
fifty  cents. 

For  disinterring  bodies  for  re-bnrial  in  ceme- 
tery: 

Of  persons  under  two  years  old,  seven  dollars 
and  fifty  cents;  of  persons  two  and  under  ten  years 
old,  ten  dollars;  of  persons  ten  years  old  and  over, 
twelve  dollars  and  fifty  cents. 

When  bodies  shall  be  removed  from  the  vault 
and  not  buried  in  the  cemetery,  the  charge  shall  be 
two  dollars,  and  when  removed  from  the  vault  and 
buried  in  the  cemetery,  the  regular  grave-digging 
charges  shall  be  added  to  the  charges  for  removal 
from  vault.  All  money  so  charged  to  be  paid  to  the 
clerk. 

§1043.  Charges  for  Care.  (Sec.  91)  Any  owner 
of  a lot  or  plot  of  ground  in  Evergreen  cemetery 
may  have  the  same  cared  for  by  the  superintendent 
upon  paying  the  clerk:  r 

For  each  lot  of  216  square  feet  or  less  per  sea- 
son, five  dollars ; for  each  additional  100  square  feet 
or  fraction  thereof  within  the  same  enclosure,  one 

525 


dollar,  except  that  the  charge  shall  be  two  dollars 
and  fifty  cents  for  each  half  lot  of  108  square  feet  or 
less,  ])er  season,  if  the  same  is  contiguous  to  or  ad- 
joins any  other  lot  that  is  then  being  cared  for,  said 
cl  large  shall  be  due  May  1st,  of  each  year.  The  care 
shall  include  the  removal  of  manure  in  the  spring, 
the  sprinkling  and  cutting  of  the  grass  during  the 
summer  and  re-covering  with  manure  in  the  fall. 
Upon  payment  to  the  clerk  of  such  charges,  he  shall 
give  his  receipt  therefor  and  shall  immediately  no- 
tify the  superintendent  to  care  for  the  lots  so  paid 
for  until  May  1st,  following;  provided,  that  this 
section  shall  apply  only  to  owners  of  lots  who  have 
not  availed  themselves  of  the  endowment  privilege 
hereinafter  provided. 

§1044.  Funds.  (Sec.  92)  All  moneys  received 
from  the  sale  of  lots  or  otherwise  on  account  of  the 
cemetery  shall  be  held  by  the  treasurer  to  be  ex- 
pended under  the  direction  of  the  council  in  and 
upon  the  cemetery  grounds  in  improving,  embellish- 
ing or  enlarging  the  same.  [Ord.  No.  730,  passed 
Apr.  3,  1907.] 

§1045.  Endowment.  (Sec.  93)  There  is  hereby 
created  a fund  to  be  known  as  the  ‘‘Evergreen  Cem- 
etery Endowment  Fund,”  which  shall  be  used  for 
the  endowment  and  perpetual  care  of  lots  as  herein 
provided.  No  lot  or  plot  of  ground  in  that  portion 
of  Forest  addition  to  Evergreen  cemetery  lying  south 
of  the  south  line  of  Woodbine  avenue  shall  be  sold 
without  an  endowment  and  perpetual  care  fund  hav- 
ing been  paid  as  hereinafter  provided  and  no  person 
shall  be  permitted  to  purchase  any  lot  or  plot  of 
ground  therein  until  he  shall  have  paid  to  the  city 
treasurer,  trustee  or  some  other  person  designated 
by  the  city  council  as  trustee: 

For  each  whole  lot  of  216  square  feet  or  fraction 
526 


tliereof  greater  than  a half  lot,  $150;  for  each  half 
lot  of  108  sqnare  feet  or  less,  $75;  for  each  quarter 
lot  of  54  square  feet  or  less,  $40;  and  for  each  addi- 
tional S(|iiare  foot  or  fraction  thereof,  $0.70. 

And  the  sum  so  paid  shall  he  and  constitute  an 
endowment  fund  and  shall  be  withdrawn  and  in- 
vested by  the  city  council  in  bonds  or  real  estate 
security  which  the  said  city  council  may  recommend. 

Upon  the  deposit  of  said  sum  the  trustees  shall 
issue  to  the  person  depositing  the  same,  a certificate 
which  shall  acknowledge  the  receipt  of  the  deposit 
and  shall  show  the  purpose  for  which  the  same  was 
deposited  and  the  lot  or  portion  thereof  which  said 
deposit  shall  endow.  Upon  filing  said  certificate  with 
the  clerk,  there  shall  be  issued  to  the  purchaser  a 
contract  signed  by  the  mayor  and  attested  by  the 
clerk,  under  seal  of  the  city,  for  said  lot  or  portion 
thereof,  to  the  effect  that  said  fund  so  deposited 
shall  be  held  as  a permanent  fund,  the  income  there- 
from to  be  devoted  to  the  care  and  ornamentation 
of  the  premises  purchased;  that  said  fund  so  depos- 
ited shall  be  held  in  trust  by  the  trustee  or  his  suc- 
cessor for  the  perpetual  care  of  the  premises  so 
purchased.  The  said  fund  shall  bear  such  rate  of 
interest  as  the  council  can  obtain  therefor.  Any 
owner  of  any  lot  or  portion  thereof  in  said  cemetery 
other  than  in  that  portion  of  Forest  addition  shall 
have  the  right  to  endow  the  same  in  the  same  manner 
and  to  the  same  extent  as  the  purchaser  of  lots  in 
said  portion  of  Forest  addition.  The  endowment 
fund  shall  be  entirely  independent  of  and  in  addition 
to  the  purchase  price  of  said  lot  or  part  thereof. 
[Ord.  No.  730,  passed  Apr.  3,  1907,  as  amended  by 
Ord.  No.  747,  passed  Jan.  20,  1908.] 

§1046.  Council  Make  Rules.  (Sec.  94)  The 

council  shall  liave  power  to  make  such  rules  and  reg- 

527 


Illations  in  relation  to  Evergreen  eenietery  and  for 
the  eare,  (H)iitrol  and  nianageijient  thereof,  not  in- 
consistent with  this  chapter,  as  it  shall  deem  desira- 
ble and  any  jierson  violating  any  of  the  provisioni^ 
of  this  (*ha])ter  or  any  of  the  rules  and  regulations 
made  in  (‘onforniity  therewith,  shall  be  lined  not  less 
tlian  five  nor  more  than  fifty  dollars  for  each  offense. 
|()rd.  No.  7o0,  passed  Apr.  3,  1907.] 


ARTICLE  8. 

OF  THE  DISPOSAL  OF  GARBAGE  AND  DEAD 
ANIMALS. 

§1047.  Garbage  Can.  (Sec.  177)  Every  owner 
or  occupant  of  any  house,  hotel,  restaurant,  build- 
ing, flat,  apartment  or  tenement  in  this  city,  where 
persons  reside,  board  or  lodge,  or  where  animal  or 
vegetable  food  is  prepared  or  served  shall  provide 
for  such  house,  hotel,  restaurant,  building,  flat,  apart- 
ment or  tenement,  and  at  all  times  maintain,  in  good 
order,  a vessel  or  vessels  for  garbage.  For  each  flat, 
apartment  or  tenement  building,  one  such  vessel  for 
each  floor,  flat,  apartment  or  story  of  such  building, 
and  if  such  floor,  flat,  apartment  or  story  be  occupied 
by  more  than  five  persons,  then  one  of  such  vessels 
for  each  additional  five  persons.  Every  occupant, 
tenant  or  person  in  charge  of  such  house,  hotel,  res- 
taurant, building,  flat,  apartment  or  tenement  shall 
cause  to  be  deposited  in  said  vessel  all  garbage  pro- 
duced in  or  brought  therein  as  soon  as  the  same  is 
])roduced  or  brought  therein.  Such  vessel  for  gar- 
bage shall  be  water  tight  and  made  of  metal,  with 
a close-fitting  metal  cover,  and  shall  have  a capacitv 

528 


of  not  less  than  ten  g-allons.  The  word  ‘^garbage” 
sliall  be  taken  to  mean  and  include  any  and  all  re- 
jected or  waste  food,  offal,  swill  and  carrion,  and  no 
person  shall  de])osit  in  any  such  can  or  vessel,  any- 
thing exce})t  garbage,  and  no  person  except  the 
owner  thereof,  his  agent  or  servants,  shall  deposit 
any  garbage  in  such  vessel,  or  remove,  displace,  in- 
jure, deface,  destroy,  uncover  or  in  any  manner  dis- 
turb such  vessel  or  the  contents  thereof.  Such  vessel 
shall  be  placed  at  a place  easily  accessible  for  the 
removal  of  its  contents. 

§1048.  Garbage  Shall  be  Removed.  (Sec.  178) 
All  garbage  shall  be  removed  as  often  as,  and  to  such 
distance  from  the  city  as  the  health  depart- 
ment shall  direct,  and  no  person,  except  an  offi- 
cer or  employe  of  the  health  department  or  a 
garbage  contractor  or  subcontractor  as  herein 
provided,  or  a person  who  may  be  specially 
licensed  by  the  council  so  to  do  shall  remove  any 
garbage  through  the  streets,  alleys  or  other  public 
places  or  ways  of  this  city.  The  health  department 
shall  have  the  power  to  prescribe  such  rules  as  it 
may  deem  proper  to  govern  the  manner  and  time 
for  the  collection  and  removal  of  garbage.  All  wag- 
ons used  for  the  collection  and  removal  of  garbage 
shall  be  fitted  with  a good  and  substantial  watertight 
steel  tank  with  close-fitting  top,  so  as  to  prevent 
the  escape  of  any  of  the  contents  therefrom,  and 
shall  have  the  words  ‘‘Garbage  Wagon”  plainly 
painted  thereon,  so  as  to  be  legible  at  least  eighty 
feet.  All  such  wagons  shall  be  thoroughly  cleaned 
and  disinfected  at  least  twice  a week,  and  such  wag- 
ons shall  not  remain  a longer  time  at  any  one  place 
than  is  actually  necessary  for  the  loading,  and  they 
shall  not  be  permitted  to  stop  or  stand  at  any  public 
place.  When  any  special  license  shall  be  granted 
there  shall  be  designated  therein  the  particular 

529 


places  or  portions  of  the  city  from  which  garbage 
may  be  removed,  and  the  persons  so  licensed  shall 
enter  into  bond  with  the  city  in  such  penal  sum  as 
the  council  may  fix,  conditioned  as  provided  in  the 
following  section.  Such  licensee  shall  pay  to  the  city 
a fee  of  twenty-five  dollars  for  the  privilege  granted 
thereby.  No  such  special  license  shall  be  granted 
except  during  the  period  of  thirty  days  immediately 
prior  to  the  expiration  of  the  contract  provided  for 
in  the  next  section. 

§1049.  Garbage  Contract.  (Sec.  179)  If  it  shall 
be  deemed  advisable  by  the  council,  the  clerk  shall 
advertise  for  bids  for  the  removal  of  garbage  of  the 
city,  beyond  the  city  limits,  for  a term  of  not  more 
than  four  years,  with  the  right  to  the  council  to 
reject  any  and  all  bids.  The  contract  or  contracts, 
as  may  be,  shall  be  awarded  to  the  lowest  responsi- 
ble bidder  or  bidders,  who  shall  execute  a bond  to 
the  city  in  the  sum  of  at  least  double  the  amount  of 
the  contract  price,  with  sureties  as  shall  be  approved 
by  the  council,  conditioned  for  the  full  and  faithful 
performance  of  all  the  agreements  of  said  contract, 
and  a complete  compliance  with  the  ordinances  of 
the  city  and  the  rules  and  regulations  of  the  health 
department  in  relation  thereto.  Any  amount  to  be 
paid  for  the  removal  of  garbage  shall  be  paid  out  of 
the  funds  appropriated  for  the  maintenance  of  the 
health  department,  and  as  the  contract  shall  provide. 

§1050.  Penalty.  (Sec.  180)  Any  person  violat- 
ing any  of  the  provisions  of  this  article  shall  be  fined 
not  less  than  five  nor  more  than  one  hundred  dollars 
for  each  offense.  [Ord.  No.  730,  passed  Apr.  3, 
1907.] 

§1051.  Removal  of  Dead  Animals.  (Sec.  140) 
The  council  is  hereby  authorized  to  advertise  and 
receive  bids  for  the  removal  of  dead  animals  from 

530 


the  streets,  avenues,  alleys  and  other  public  places 
of  the  city,  for  a period  of  not  more  than  five  years, 
and  in  such  advertisement  it  shall  reserve  the  right 
to  reject  any  and  all  bids.  In  all  cases  bidders  shall 
file  with  their  bids,  a detailed  statement  of  the 
method  to  be  employed  in  disposing  of  such  animals. 
^\fter  such  bids  have  been  received,  if  the  council 
shall  deem  it  advisable  it  may  authorize  a contract 
with  any  responsible  bidder  for  the  removal  of  such 
dead  animals. 

§1052.  Bond  of  Contractor.  (Sec.  141)  Any 
person  to  whom  a contract  may  be  awarded  under 
this  article,  shall  execute  a bond  to  the  city  with  such 
sureties  as  the  council  shall  approve,  in  the  sum  of 
five  hundred  dollars,  conditioned  for  the  faithful  per- 
formance of  such  contract. 

§1053.  Not  Bury  Within  City.  (Sec.  142)  No 
person  shall  bury  or  cause  to  be  buried  any  dead 
animal  or  fowl  or  part  thereof  within  this  city.  Any 
person  having  a dead  animal  or  fowl  unfit  for  food 
or  an  animal  or  fowl  sick  or  injured  and  past  recov- 
ery or  any  animal  or  fowl  in  an  offensive  condition 
on  his  premises  in  this  city,  shall  at  once  remove  or 
cause  to  be  removed  the  same  to  the  city  dump  at  his 
own  expense.  Any  person  violating  any  of  the  pro- 
visions of  this  section  shall  be  fined  not  less  than 
five  nor  more  than  twenty-five  dollars  for  each  of- 
fense. 

§1054.  No  Dead  Animal  in  the  Streets  or  Public 
Places.  (Sec.  143)  No  person  shall  throw  or  place 
any  dead  animal  or  fowl  or  part  thereof,  or  any 
animal  or  fowl  sick  or  injured,  in  or  upon  any  of  the 
streets,  alleys  or  other  public  places  within  or  be- 
longing to  this  city.  Any  person  violating  any  of  the 
provisions  of  this  section  shall  be  fined  not  less  than 


531 


five  nor  more  than  twenty-five  dollars  for  each  of- 
fense. [Ord.  No.  730,  passed  Apr.  3,  1907.] 

§1055.  City  Dumps.  (Sec.  215)  No  person  shall 
l)ile  or  deposit,  or  cause  to  be  piled  or  deposited,  any 
manure,  offal,  garbage,  filth  or  waste  or  any  accumu- 
lation of  any  offensive  or  nauseous  substance  any- 
where within  the  jurisdiction  of  this  city  except  at 
such  ]>lace  as  may  be  authorized  by  the  health  of- 
ficer. The  mayor  may  appoint,  with  the  approval  of 
the  council,  a caretaker  of  such  dumps,  who  shall 
care  for  and  keep  the  same.  He  shall  receive  such 
compensation  as  the  council  shall  authorize.  He 
shall  destroy  all  animal  and  vegetable  matter,  rags, 
paper,  manure,  and  other  refuse  as  shall  be  directed 
by  the  health  officer.  He  shall  allow  nothing  to  be 
taken  from  such  dumps  without  a permit  from  the 
health  officer,  and  shall  make  a return  to  the  health 
officer  of  any  article  of  value  there  found.  Any  per- 
son violating  any  of  the  provisions  of  this  section 
shall  be  fined  not  less  than  five  nor  more  than 
twenty-five  dollars  for  each  offense. 


ARTICLE  9. 

OF  NUISANCES. 

§1056.  Duty  of  Health  Officer.  (Sec.  181)  It 
shall  be  the  duty  of  the  health  officer  to  serve  a 
notice  in  writing  upon  the  owner,  occupant,  agent  or 
person  in  possession,  charge  or  control  of  any  lot, 
building  or  premises  in  or  upon  which  any  nuisance 
may  be  found  or  who  may  be  the  cause  or  owner  of 
any  such  nuisance,  requiring  them,  or  either  of  them, 
to  abate  the  same  in  such  manner  as  he  shall  pre- 

532 


I 


scribe  within  a reasonable  time,  provided,  that  it 
shall  not  he  necessary  in  any  case  for  the  officer  to 
specify  in  the  notice  the  manner  in  which  any 
nuisance  shall  he  abated  unless  he  shall  deem  it  ad- 
visable so  to  do,  and  such  notice  may  he  given  or 
served  by  any  officer  who  may  be  directed  or  de- 
puted to  give  or  make  the  same;  and  if  the  person  so 
notified  shall  neglect  or  refuse  to  comply  with  the  re- 
(piirements  of  such  order,  by  abating  such  nuisance 
within  the  time  specified,  such  person  shall  be  fined 
not  less  than  five  nor  more  than  fifty  dollars  for  every 
such  violation,  and  it  shall  be  the  duty  of  the  health 
department  to  proceed  at  once,  upon  the  expiration 
of  the  time  specified  in  such  notice,  to  cause  such 
nuisance  to  be  abated;  provided,  further,  that  when- 
ever the  owner,  occupant,  - agent  or  person  or  in 
possession,  charge  or  control  of  premises  in  or  upon 
which  any  nuisance  may  be  found,  is  unknown,  or 
can  not  be  found,  the  department  shall  proceed  to 
abate  such  nuisance  without  notice,  and,  in  either 
case,  the  expense  of  such  abatement  shall  be  collected 
from  the  person  who  may  have  created,  continued  or 
suffered  such  nuisance  to  exist. 

§1057.  Animal  Matter  Decaying.  (Sec.  182) 
shall  be  unlawful  for  any  person  having  the  owner- 
shi})  or  control  of  any  animal  matter  which  is  in  the 
process  of  decay,  so  as  to  be  offensive  or  dangerous 
to  the  public  health,  within  the  city,  to  permit  the 
same  to  be  and  remain,  while  in  such  condition,  with- 
in the  jurisdiction  of  the  city,  and  any  person  violat- 
ing any  of  the  provisions  of  this  section,  shall  be 
fined  not  less  than  ten  nor  more  than  one  hudred 
dollars  for  each  offense,  and  every  day  on  which  such 
violation  shall  continue  shall  be  deemed  a separate 
offense. 

§1058.  Premises.  Nauseous  or  Offensive.  (Sec. 


533 


183)  Any  livery  or  other  stable,  cattle  yard  or  shed, 
barn,  chicken  yard  or  other  yard,  house,  building, 
store  or  structure  of  any  kind,  or  any  grounds  or 
premises  which  shall  become  nauseous  or  foul  or 
offensive  to  the  neighborhood,  or  dangerous  or  pre- 
judicial to  the  public  health,  is  hereby  declared  a 
nuisance,  and  the  owner,  agent  or  person  in  charge 
or  control  thereof  shall  be  fined  not  less  than  ten  nor 
more  than  one  hundred  dollars  for  each  offense,  and 
the  further  penalty  of  twenty-five  dollars  for  each 
■ day  such  nuisance  shall  continue  after  the  first 
prosecution. 

§1059.  Hogs  and  Pigs.  Corrals.  (Sec.  184)  No 
person  shall  keep  any  hogs  or  pigs  within  the  juris- 
diction of  this  city.  No  person  shall  erect  or  main- 
tain any  corrals  or  rabbitries  within  the  jurisdiction 
of  the  city  except  with  the  permission  of  the  health 
department.  Any  person  violating  any  of  the  pro- 
visions of  this  section  shall  be  fined  not  less  than  ten 
nor  more  than  one  hundred  dollars  for  each  otfense. 

§1060.  Cellar,  Vault,  Drain;  Offensive.  (Sec. 
185)  No  person  shall  suffer  or  permit  any  cellar, 
vault,  private  drain,  pool,  sewer,  sink,  greasetrap 
or  catch  basin  upon  any  premises  belonging  to  or  oc- 
cupied by  him,  or  in  his  possession,  charge  or  con- 
trol, to  become  nauseous,  foul  or  offensive  or  danger- 
ous to  the  public  health.  Any  person  violating  any 
of  the  provisions  of  this  section  shall  be  fined  not  less 
than  five  nor  more  than  fifty  dollars  for  each  offense. 
[Ord.  No.  730,  passed  Apr.  3,  1907,  as  amended  by 
Ord.  894,  passed  Feb.  5,  1913.] 

§1061.  Stable  Manure.  (Sec.  186)  Every  per- 
son who  occupies  or  controls  any  lot,  barn,  stable, 
shed,  building  or  other  place  where  horses,  mules, 
cattle,  or  any  of  them,  are  kept  within  the  city,  shall 
keep  all  manure  in  a box  or  vault  maintained  upon 

534 


said  ])remises,  and  said  box  or  vault  sliall  be,  eon- 
strueted  and  covered  or  screened  so  that  flies  cannot 
g-ain  access  to  tlie  contents  thereof,  and  such  person 
shall  remove  or  cause  to  be  removed  from  sucli 
premises  at  his  own  expense  the  contents  of  such  box 
or  vault  once  a week  or  oftener  as  the  health  depart- 
ment may  direct..  No  person  shall  place  or  cause  to 
be  placed  in  such  manure  box  or  vault  any  night  soil 
or  garbage.  The  word  “manure”  shall  be  taken  to 
include  the  excrement  of  all  domestic  animals  and 
fowls  and  stable  bedding  and  all  hay,  straw,  shav- 
ings, grass  or  weeds  or  leaves  which  have  been  used 
for  stable  bedding.  Any  person  violating  any  of  the 
provisions  of  this  section  shall  be  fined  not  less  than 
five  nor  more  than  fifty  dollars  for  each  olfense. 
[Ord.  No.  780,  passed  Apr.  3,  1907,  as  amended  by 
Ord.  No.  865,  passed  May  22,  1912.] 

§1062.  Individuals  Bringing  Nuisance  Into  City. 

(Sec.  188)  No  person  shall  bring  into  this  city,  or 
keep  therein  for  sale  or  otherwise,  either  for  food  or 
for  any  other  purpose,  any  animals,  dead  or  alive, 
matter  substance  or  thing  which  shall  be  or  which 
shall  occasion  a nuisance  in  said  city,  or  which  may 
or  shall  be  dangerous  or  detrimental  to  health,  under 
penalty  of  not  less  than  ten  nor  more  than  one  hun- 
dred dollars  for  each  offense. 

§1063.  Nuisances.'  Common  Law.  (Sec.  189) 
In  all  cases  where  no  provision  is  herein  made  de- 
fining what  are  nuisances  and  how  the  same  may  be 
removed,  abated  or  prevented,  in  addition  to  what 
may  be  declared  such  herein,  those  offenses  which 
are  known  to  the  common  law  of  the  land  or  the 
statutes  of  Colorado  as  nuisances,  may,  in  case  the 
same  exist  within  the  city  limits  or  within  one  mile 
thereof,  be  treated  as  such  and  proceeded  against  as 
in  this  article  provided,  or  in  accordance  with  any 
other  provision  of  law. 


515 


§1064.  Complaints.  (Sec.  190)  All  complaints 
of  nuisances  made  to  the  health  officer  shall  state 
the  nature  of  the  nuisance,  where  it  is,  giving  street 
number,  tlie  name  of  the  owner,  agent,  or  occuj)ant 
of  the  building  or  lot,  if  known,  and  tlie  iianie  and 
address  of  the  coni])lainant.  Whenever  any  trade, 
business  or  manufacture,  or  the  maintenance  of  any 
substance  or  condition  of  things  shall  be  considered 
by  the  health  officer  dangerous  to  the  ])ublic  health, 
the  same  shall  constitute  a nuisance,  and  shall  be 
abated  as  such. 

§1065.  Abatement  on  Notice.  (Sec.  191)  In  all 
cases  where  a nuisance  shall  be  found  in  any  build- 
ing or  upon  any  premises  within  the  jurisdiction  of 
this  city,  notice  may  be  given  in  writing,  signed  by 
the  health  officer,  to  the  owner  or  occupant,  or  per- 
son in  possession,  charge  or  control  of  such  building 
or  premises,  where  he  is  known  and  can  be  found, 
to  remove  such  nuisances,  and,  in  case  of  his  neglect 
or  refusal  to  abate  the  same,  in  accordance  with  such 
notice,  it  shall  be  the  duty  of  the  health  department 
to  abate  the  same,  and  the  owner,  occupant  or  person 
in  possession  of  the  same  shall  be  charged  with  the 
expenses  incurred  in  the  abatement  thereof,  to  be  col- 
lected by  suit. 

§1066.  Summary  Abatement.  (Sec.  192)  When- 
ever any  nuisance  shall  be  found  on  any  premises 
within  this  city,  the  owner  of  which  is  unknown,  or 
cannot  be  found,  the  health  department  is  hereby 
authorized,  in  its  discretion,  to  cause  the  same  to  be 
summarily  al)ated  in  such  manner  as  it  may  direct. 

§1067.  Chickens,  Etc.,  Not  to  Run  at  Large. 

(Sec.  128)  No  ])erson  owning  or  having  control  of 
any  chickens,  ducks,  geese,  turkeys,  ])igeons  or  other 
domestic  fowls  shall  permit  the  same  to  run  or  go  at 
large  u])on  any  of  the  streets,  alleys,  avenues  or  other 

536 


public  places  or  to  run  or  i>*o  upon  tlie  i)reniises  of 
any  other  person  within  this  city.  Any  person  vio- 
lating any  of  the  provisions  of  this  section  shall  be 
lined  not  less  than  five  nor  more  than  twenty-five 
dollars  for  each  offense. 

§1068.  Keep  Yards  Clean.  (Sec.  124)  No  per- 
son who  shall  keep  any  chickens,  ducks,  geese,  tur- 
keys, pigeons,  or  other  domestic  fowls  within  this  city 
shall  be  permitted  to  keep  the  same  in  any  yard, 
enclosure  or  building  within  a distance  less  than 
twenty-five  feet  from  any  house  or  building  occupied 
as  a dwelling,  except  with  the  consent  of  the  occu- 
pant of  such  building.  Any  person  who  shall  violate 
any  of  the  provisions  of  this  section  shall  be  fined 
not  less  than  five  nor  more  than  twenty  dollars  for 
each  offense,  and  every  day  that  such  a violation  is 
continued  shall  be  deemed  a separate  and  distinct 
offense.  No  person  who  shall  keep  any  chickens, 
ducks,  geese,  turkeys,  i3igeons,  or  other  domestic 
fowls  within  this  city,  shall  permit  the  yard  or  place 
within  which  such  fowls  are  kept,  by  reason  of  any 
want  of  care,  food,  ventilation,  or  cleanliness  or 
otherwise  to  be  or  become  dangerous  or  decrimental 
to  human  health,  and  the  health  officer  shall  have 
the  power  to  declare  all  such  yards  or  places  kept  in 
any  unclean  conditions  nuisances,  and  the  same  shall 
be  abated  as  such.  [Ord.  No.  830,  passed  Apr.  3, 1907, 
as  amended  by  Ord.  No.  894,  passed  Feb.  5,  1913.] 

§1069.  Carpet  Cleaning  Establishments.  Nuis- 
ance. Penalty.  (8'ec.  1)  That  any  carpet  cleaning 
establishment,  building  or  place  where  carpets,  rugs 
or  similar  articles  are  cleaned,  by  machinery,  within 
the  limits,  or  within  one  mile  beyond  the  limits  of 
the  city  of  Colorado  Springs,  Colorado,  is  hereby 
declared  to  be  a nuisance,  and  the  owner,  keeper, 
lessee,  or  occupant  of  such  building,  or  place  who 

537 


Si 


shall  or  refuse  to  abate  such  iiuisanee,  after 

heiii^-  notified  so  to  do,  by  the  health  officer  of  said 
city  shall,  on  convi(‘tion  tliereof,  l)e  fined  not  less 
than  ten  dollars  nor  more  than  fifty  dollars  for  each 
and  every  day  he  shall  refuse  or  neglect  to  remove 
or  abate  the  same.  [Ord.  No.  733,  passed  June  5, 
i907,  as  amended  by  Ord.  No.  893,  passed  Jan.  29, 
1913.] 

§1070.  Smoke.  Nuisance.  (Sec.  1)  I'he 
emission  of  dense  smoke  or  any  obnoxious  gas  or 
vapor  from  any  smokestack  or  chimney,  within  the 
corporate  limits  of  the  city  of  Colorado  Springs, 
shall  be  deemed,  and  is  hereby  declared,  to  be  a nui- 
sance; provided,  that  buildings  used  exclusively  for 
private  dwellings,  or  buildings  heated  by  stoves 
only,  shall  not  be  deemed  withiiT  the  provisions  of 
this  ordinance. 

§1071.  Offense.  Penalty.  (Sec.  2)  The  propri- 
etor, lessee,  occupant,  engineer  or  fireman  of  any 
l)uilding  who  shall  permit  or  allow  dense  smoke  or 
any  obnoxious  gas  or  vapor  to  issue  or  to  be  emitted 
from  the  smokestack  or  chimney  of  any  building 
under  his  control,  except  where  heated  by  steam, 
within  the  corporate  limits  of  this  city,  shall  be 
deemed  and  held  guilty  of  an  offense,  and  for  such  an 
offense  shall  be  subject  to  a fine  of  not  less  than  five 
dollars  (^5)  nor  more  than  fifty  dollars  ($50)  for 
each  offense;  provided,  each  day  such  smoke,  gas 
or  vapor  is  allowed  to  issue  or  be  emitted  shall  be 
deemed  a separate  olfense. 

§1072.  Duty  of  Mayor.  (Sec.  3)  It  shall  be  the 
duty  of  the  mayor  and  city  marshal  to  see  that  the 
provisions  of  this  ordinance  are  strictly  enforced 
and  com])lied  with.  fOrd.  No.  359,  passed  Dec.  1, 
1890.] 


538 


CHAPTER  XI. 

OF  PLUMBING,  SEWERS  AND  DRAINAGE. 


ARTICLE  1. 

OF  THE  BOARD  OF  EXAMINERS  OF  PLUMB- 
ERS. 

§1073.  Creation.  Members.  (Sec.  287)  There 
is  hereby  created  a board  of  examiners  of  plumbers 
for  this  city.  Such  board  shall  consist  of  the  health 
officer,  who  shall  be  ex-officio  chairman,  the  plumb- 
ing* inspector,  the  superintendent  of  water  works, 
and  a master  and  a journeyman  plumber  to  be  ap- 
pointed by  the  mayor  with  the  approval  of  the  coun- 
cil. The  votes  of  three  members  in  favor  thereof 
shall  be  necessary  to  grant  a certificate.  The  plumb- 
ing inspector  shall  act  as  clerk  of  the  board  and  shall 
keep  a record  of  the  meetings  of  the  board  and  reg- 
ister the  names  and  residences  of  all  persons  exam- 
ined, and  the  kind  of  certificate  issued  to  each,  if 
any,  and  the  date  thereof. 

§1074.  Examinations.  (Sec.  288)  The  board  of 
examiners  shall,  on  due  notice,  examine  all  appli- 
cants as  to  their  qualifications  to  carry  on  the  busi- 
ness or  occupation  of  plumbing  and  gas  fitting  as 
master  plumbers  or  journeymen  plumbers.  Any 
person  desiring  to  be  examined  shall  make  applica- 
tion therefor  to  said  board  on  blanks  to  be  furnished 
by  the  board,  and  such  application  shall  be  accom- 
panied by  receipt  from  the  clerk  showing  that  the 
applicant,  if  a master  plumber,  has  paid  the  sum  of 
five  dollars,  and,  if  a journeyman  plumber,  the  sum 
of  one  dollar,  to  cover  the  costs  of  examination  and 

539 


certificate.  If,  upon  examination  tlie  board  shall 
find  such  applicant  qualified,  it  shall  issue  to  him  a 
certificate  as  a master  or  a journeyman  plumber,  as 
may  be. 

§1075.  Compensation.  (Sec.  289)  The  health 
officer,  the  plumbing  inspector  and  water  superin- 
tendent shall  receive  no  compensation  for  their  serv- 
ices on  such  board  other  than  than  their  regular 
salaries.  The  other  members  shall  each  receive  for 
his  services  the  sum  of  one  dollar  for  eacli  meeting 
of  the  board  he  shall  attend. 

§1076.  Penalty.  (Sec.  290)  Any  person  who 
shall  do  any  plumbing  work  in  this  city  without  hav- 
ing obtained  a certificate  from  such  board  shall  be 
fined  not  less  than  five  nor  more  than  fifty  dollars 
for  each  offense,  and  each  day  upon  which  he  shall 
do  such  work  without  such  certificate  shall  be  deemed 
a separate  offense.  [Ord.  No.  730,  ])assed  Apr.  3, 
1907,  as  amended  by  Ord.  No.  894,  ]>assed  Feb.  5, 
1913.] 


ARTICLE  2. 

OF  THE  PLUMBING  INSPECTOR. 

§1077.  Appointment.  Qualifications.  Bond. 

(Sec.  291)  There  is  hereby  created  the  position  of 
plumbing  inspector.  The  plumbing  inspector  shall 
be  a])pointed  by  the  mayor  upon  the  recommenda- 
tion of  the  commissioner  of  public  health  and  sani- 
tation for  an  indefinite  term,  and  may  be  removed 
by  the  mayor  o^*  the  council  at  any  time.  He  shall  be 
a practical  plumber  and  sanitary  engineer,  who  shall 
have  had  not  less  than  seven  years’  ex]x^rience  as  a 
plumber.  He  shall  be  bonded  to  the  city  by  soine 

540 


relicible  vSiiretv  company  in  such  sum  as  may  be  fixed 
by  ordinance,  conditioned  for  the  faithful  perform- 
ance of  the  duties  of  his  office.  [Ord.  No.  730, 
passed  Apr.  3,  1907,  as  amended  by  Ord.  No.  893, 
passed  Jan.  29,  1913.] 

§1078.  Powers  and  Duties.  (Sec.  292)  The 
plumbing*  inspector  shall  see  that  the  construction, 
maintenance  and  control  of  the  plumbing  drainage 
and  ventilation  of  all  buildings  in  this  city  shall  con- 
form to  and  comply  with  the  rules  aird  regulations 
of  this  chapter,  and  shall  pass  upon  alJ  plans  sub- 
mitted and  shall  keep  a daily  record  of  liis  work, 
including  all  notices  and  applications  received,  per- 
mits granted,  violations  of  these. regulations  and  all 
other  matters  which  may  pertain  thereto.  He  shall 
inspect  the  plumbing  in  houses  in  the  course  of  erec- 
tion, undergoing  alteration  or  repair  as  often  as  may 
be  necessary,  and  shall  see  that  all  work  for  plumb- 
ing, drainage  and  ventilation  is  done  in  accordance 
with  the  provisions  of  this  chapter.  He  shall  keep, 
in  suitable  form,  a record  of  all  plans  and  specifica- 
tions examined  by  him,  whether  approved  or  re- 
jected, and  whether  for  new  or  old  buildings,  and 
shall  complete  the  record  of  the  plumbing  or  want  of 
plumbing  and  sewer  connections  in  each  building, 
with  such  notations  as  will  enable  his  successors  to 
trace  sources  of  filth  and  causes  of  sickness,  and  to 
enforce  the  best  sanitary  conditions.  Plans  shall  be 
approved  or  rejected  within  three  days  from  the  re 
cepit  thereof.  He  shall  not  engage  in  or  be  in  any 
manner  interested  in  the  business  of  a plumber. 
He  shall  perform  such  other  duties  as  the  council 
shall  require,  and  shall  devote  all  his  time  to  the 
duties  of  his  office. 

§1079.  Right  of  Access.  (Sec.  293)  The  plumb- 
ing inspector  shall  have  the  right  and  power  where 


541 


there  is  a l)iulding  under  construction  or  being  re- 
modeled, to  enter  and  examine  all  work  pertaining 
to  plumbing,  at  any  time,  and  shall  have  the  power 
to  stop  any  and  all  work  not  complying  with  the  re- 
(luirements  of  this  chapter.  Any  person  refusing  to 
allow  such  right  of  entry,  or  hindering  or  obstruct- 
ing the  plumbing  inspector  in  carrying  out  the  power 
conferred  by  this  section,  shall  be  fined  not  less  than 
five  nor  more  than  twenty-five  dollars  for  each  of- 
fense. 

§1080.  Complaints  of  Faulty  Construction.  ( Sec. 
294)  Whenever  it  shall  come  to  the  knowledge  of  the 
inspector  or  complaint  shall  be  made  that  the  plumb- 
ing in  any  building  causes  a nuisance,  or  is  contrary 
to  the  ordinances,  or  is  faulty  in  construction,  or 
liable  to  injure  the  health  of  the  occupants,  or,  if 
upon  the  request  of  any  owner  or  agent  of  rny  build- 
ing to  the  health  department,  said  department  shall 
so  direct,  the  inspector  shall  examine  the  plumbing 
in  any  such  building.  He  shall  report  his  findings 
to  said  department  and  suggest  such  changes  as  may 
be  necessary  to  make  the  same  conform  to  existing 
rules,  and  said  department  shall  then  notify  the 
owner  or  agent  of  any  such  building  of  the  changes 
which  are  necessary  in  the  plumbing,  and  upon  fail- 
ure or  refusal  of  such  owner  or  agent  to  make  such 
changes  within  the  time  prescribed,  said  department 
shall  proceed  to  have  such  nuisance  abated,  and  the 
owner  or  agent  of  such  building  shall  be  fined  not 
less  than  twenty-five  nor  more  than  three  hundred 
dollars.  [Ord.  No.  730,  passed  Apr.  3,  1907.] 

• §1081.  Compensation.  (Sec.  295)  The  plumb- 
ing inspector  shall  be  paid  such  salary  as  shall  be 
fixed  by  ordinance. 

§1082.  Assistants.  (Sec.  296)  The  mayor,  upon 
the  recommendation  of  the  commissioner  of  health 

542 


and  sanitation,  shall  appoint  sucli  assistants  to 
the  plumbing’  inspector  as  the  council  may  authorize. 

I Ord.  No.  730,  passed  Apr.  3,  1907,  as  amended  by 
Ord.  No.  893,  passed  Jan.  29,  1913.] 

§1083.  Permits.  Inspections.  (Sec.  298)  No 
person  shall  do  any  plumbing  work,  except  repairing- 
leaks,  or  make  any  connection  with  any  sewer,  drain- 
age, soil  or  waste  pipe  in  the  city,  without  having  a 
permit  so  to  do  from  the  plumbing  inspector,  and 
when  application  for  such  permit  shall  be  made,  he 
shall  file  with  said  inspector,  plans,  drawings,  spec- 
ifications or  descriptions  of  the  proposed  work,  and 
if  the  same  shall  meet  with  the  requirements  of  this 
chapter,  they  shall  be  marked  Approved’’  and 
signed  by  the  inspector.  The  inspector  must  be  no- 
tified by  said  plumber  doing  the  work  when  the  work 
is  ready  for  inspection.  All  work  must  be  left  un- 
covered and  convenient  for  examination  until  in- 
spected and  approved.  In  case  of  any  violation  of 
this  regulation,  the  approval  of  said  plans  may  be 
revoked  by  the-plumbing  inspector  and  upon  notice  ' 
of  revocation  being  given,  all  plumbing  work  on  said 
building  must  cease.  Any  person  violating  any  of 
the  provisions  of  this  section  shall  be  fined  not  less 
than  five  nor  more  than  fifty  dollars  for  each  offense. 


ARTICLE  3. 

OF  PLUMBING  REGULATIONS. 

§1084.  Rules  and  Regulations.  (Sec.  299)  The 
construction,  maintenance  and  control  of  plumbing, 
drainage  and  ventilation  of  all  buildings  in  the  city 
shall  conform  to  and  comply  with  the  following  rules 
and  regulations: 


543 


(a)  Materia].  All  material  shall  be  of  good 
((uality  and  free  from  defects,  and  the  work  must  be 
executed  in  a tborongb  and  workmanlike  manner. 

(b)  bAilpipes.  bMilpipes  receiving  the  dis- 
(diarge  from  one  or  more  water  closets  shall  be  extra 
heavy  cast-iron  pipe  not  less  than  four  inches  in  di- 
ameter, to  continue  full  size  inside  of  buildings  to 
the  big-best  point  of  the  road,  and  to  a height  of  not 
less  than  six  inches  above  the  ridge  of  the  firewall, 
when  the  roof  is  flat,  and  at  least  five  feet  above  or 
ten  feet  away  from  any  window  or  opening  of  ad- 

^ joining  buildings.  All  vertical  soilpipes  shall  be 
supported  by  pipe  rests  at  least  one  to  each  floor; 
soil  and  vent  pix>es  below  rafters  shall  be  supported 
l)y  strong  iron  hangers.  Standard  pipe  may  be  used 
below  rafters  on  gable  roofs  only  when  two  one- 
eighth  bends  are  used  to  reach  the  highest  point  of 
roof.  All  joints  shall  be  packed  with  picked  oakum 
and  run  with  molten  lead  and  thoroughly  caulked. 
Connections  of  lead  pipes  with  drains  shall  be  made 
with  extra  heavy  brass  ferrule  and  }>ro|)erly  wii:)ed 
joints  and  caulked  to  iron  pipe.  In  every  building 
of  four  stories  or  over,  the  use  of  what  is  known  to 
the  trade  as  wrought-iron  pipe,  standard  weight, 
galvanized  or  tar  coated  inside  and  out,  and  thread- 
ed with  cast  iron  special  recessed  drainage  fittings, 
galvanized  or  tar  coated  inside  and  out,  threaded 
for  wrought-iron  pipe,  may  be  used  in  place  of  cast- 
iron  jjipes  for  receiving  the  discharge  from  water 
closets,  urinals,  lavatories,  baths  and  other  fixtures. 
Sizes  to  be  same  as  specified  for  cast-iron  pipe.  All 
back-air  ventpipes  shall  be  galvanized  where 
wrought  iron  is  used.  All  drains  below  the  first 
floor  shall  be  of  extra  heavy  cast-iron  j)i|3e  and 
fittings,  of  sizes  and  kinds  as  specified  in  X3aragraphs 
(b)  and  (c)  of  this  article. 


544 


(c)  Wastepipes.  Wastepipes  inside  of  walls 
and  under  buildings,  and  for  three  feet  outside  of 
foundation  walls,  shall  he  constructed  of  extra  lieavy 
cast-iron  soil])i])e  aiid  extra  heavy  fittings,  and  shall 
he  securely  iuicliored  to  the  walls  not  less  than  five 
feet  apart  and  laid  in  trenches  of  uniform  grade  or 
sus]:)ended  from  tlie  floor  timbers  by  strong  iron 
liangers.  \Vastepi])es  shall  be  of  lead  or  extra  heavy 
cast-iron  of  not  less  than  the  following  sizes:  From 
bathtubs,  sinks,  laundry  tubs  and  urinals,  IV2 
inches;  from  vraste  l)asins,  IV4  inches:  from  slop 
sinks,  2 indies.  If  more  than  one  fixture  is  con- 
nected with  any  wastepijie,  the  wastepipe  shall  be 
of  sufficient  size.  Wastepipes  from  sinks  of  hotels, 
restaurants,  cooking  establishments,  or  dwellings 
shall  run  separately  to  a greasetrap  in  the  yard,  un- 
less otherwise  directed  by  the  plumbing  inspector. 
Soil  and  wastepipes  shall  have  a uniform  fall  of  not 
less  than  one-fourth  inch  to  one  foot  towards  the 
s^wer  or  cesspool.  Changes  in  direction  shall  be 
made  with  ‘W’’  branches  and  sanitary  ‘‘Tees.” 
Wastepipes  shall  lie  provided  with  strong  metallic 
strainers  and  shall  enter  the  soilpipes,  if  practicable, 
at  a point  beyond  the  lead  bend. 

(d)  A^entpipes.  A'entpipes  shall  be  carried  up 
inside  of  the  building,  shall  be  supported  the  same 
as  soilpipes  and  shall  not  terminate  in  or  lead 
through  any  chimney  flue.  Water  closet  traps  shall 
be  back-ail*  vented  with  not  less  than  two-inch  pipe. 
Traps  of  all  other  fixtures  shall  be  back-air  vented 
with  pipe  of  same  size  as  wastepipe,  and  the  vent- 
pipes  shall  be  increased  in  size  according  to  number 
of  fixtures  at  least  one-fourth  inch  for  each  addi- 
tional fixture.  Ventpipes  from  traps  of  more  than 
one  fixture  shall  be  connected  at  least  one  foot  above 
the  highest  fixture.  If  it  is  not  practicable  to  run 
the  .bank -vent  of  any  trap  to  the  open  air,  a non- 

545 


siplioniiig-  trap  may  be  used  if  tlie  plumbing-  in- 
spector shall  ap])i*ove  the  same.  In  buildings  of 
three  stories  or  less,  the  back-air  vent  shall  be  con- 
nected with  the  soilpipe  not  less  than  five  feet  above 
the  highest  opening;  in  buildings  of  more  than  three 
stories,  back-air  vents  shall  run  separately  through 
the  roof.  All  ventpipes  shall  run  as  directly  as  may 
be  and  45-degree  “Ls”  shall  be  used  if  possible. 
Galvanized  wrought-iron  pipe  and  fittings,  extra 
heavy  cast-iron  soilpipe  or  leadpipe  shall  be  used 
for  ventilation.  Connections  of  leadpipe  to  wrought- 
iron  pipe  shall  be  made  with  combination  brass 
ground  couplings  and  wiped  joint.  If  all-lead  vent 
is  used,  it  shall  have  a trapscrew  soldered  into  it  not 
more  than  six  inches  above  the  trap. 

(e)  Quality  and  Weights  of  Pipe.  All  pipes  of 
cast-iron  shall  be  sound,  free  from  holes  and  of  uni- 
form thickness  and  shall  be  not  less  than  the  follow- 
ing relative  weights: 

If  extra  heavy:  two-inch  pipe,  5%  pounds  per 
foot,  three-inch  pipe,  9i/^  pounds  per  foot,  four-inch 
pipe,  13  pounds  per  foot,  five-inch  pipe,  17  pounds 
per  foot,  six-inch  pipe,  20  pounds  per  foot,  seven- 
inch  pipe,  27  pounds  per  foot,  eight-inch  pipe,  33 V2 
pounds  per  foot. 

All  lead  pipes  shall  be  not  less  than  the  follow- 
ing prescribed  weights:  one  and  one-fourth-inch 
pipe,  3 pounds  per  foot,  one  and  one-half-inch  pipe, 
4 pounds  per  foot,  two-inch  pipe,  5 pounds  per  foot. 
Lead  bends  for  water  closets  shall  be  not  less  than 
Ls-inch  in  thickness. 

(f)  Joints.  All  joints  of  pipe  shall  be  caulked 
with  oakum  and  lead.  All  connections  of  lead  with 
iron  pipe  shall  be  made  of  extra  heavy  brass  ferrule 
or  brass  solder  nipple  not  less  than  one-eighth  inch 

546 


in  thickness  and  shall  be  }mt  in  the  hub  of  the  iron 
pipe  and  caulked  in  with  lead.  All  connections  of 
lead  pipe  shall  be  wiped  solder  joints. 

(g)  Traps.  Each  fixture  having  a wastepipe 

shall  be  separately  trapped  with  a water-sealing  trap 
as  near  the  fixture  as  practicable,  and  each  trap  shall 
be  protected  from  siphonage  and  air  pressure  by  a 
special  ventpipe.  Waste  from  bathtubs  and  laun- 
dry trays  shall  be  connected  to  a drum  trap  with 
trapscrew  not  less  than  three  inches  in  diameter. 
All  traps  shall  be  accessible.  When  lead  drum  traps 
are  used,  the  trap  screw  shall  be  fastened  to  the  trap 
by  a properly  wiped  joint,  and  all  joints,  where 
solder  is  used,  shall  be  properly  wiped  joints.  No 
bolting  or  sweat  joints  shall  be  allowed  on  any  sup- 
ply, waste  or  ventpipe.  * 

(h)  Drip  Pipes.  All  drip  or  overflow  pipes 
from  safes  under  wash  basins,  baths,  urinals  or  other 
fixtures  shall  be  a special  pipe  run  to  some  place  in 
open  sight.  No  such  pipe  shall  be  connected  with 
any  soil,  drain  or  wastepipe.  Wastepipes  from  re- 
frigerators or  other  receptacles  in  which  provisions 
are  kept  shall  not  be  connected  directly  with  the 
drainage  system,  but  shall  be  arranged  to  waste  into 
an  open  tray  or  sink,  below  the  refrigerator.  Such 
sink  or  tray  may  be  connected  with  the  drainage 
system  when  properly  trapped  with  a drumtrap  and 
properly  vented.  No  sediment  from  boilers  or  drain- 
tubs  from  stop  and  wastecocks  shall  be  connected 
directly  with  any  wastepipe  or  sewer.  No  steam, 
exhaust  or  blow-off  or  drippipe  shall  connect  with 
any  sewer  or  wastepipe.  All  such  pipes  shall  be 

, discharged  into  a tank  or  condenser  from  which  a 
suitable  outlet  into  the  house  drain  shall  be  pro- 
vided. 

(i)  Water  Closets.  Water  closets  in  buildings 

547 

« 


shall  be  supplied  witli  water  from  special  tanks, 
which  shall  hold  not  less  than  eight  gallons,  when 
up  to  the  level  of  the  overflow  pipe,  for  each  closet, 
except  automatic  or  siphon  tanks,  which  shall  hold 
not  less  than  five  gallons  of  water  for  each  closet, 
Idle  water  in  such  automatic  or  siphon  tank  shall  not 
he  used  for  any  other  purpose.  The  flushing  pipe  of 
till  tanks  shall  not  be  less  than  one  and  one-fourth 
inches  in  diameter.  Each  closet  shall  be  supplied 
from  a separate  tank.  No  water  closet  shall  be  put 
in  any  building  unless  it  shall  be  properly  ventilated, 
or  in  direct  communication  with  the  external  air 
by  a window  or  airshaft  having  an  area  of  at  least 
two  square  feet.  When  placed  outside  of  buildings, 
water  closets  shall  be  separately  trapped  with 
cleanout  on  trap.  Roilpipe  shall  have  lead  connec- 
tions flanged  on  floor  to  receive  hopper,  or  be  caulked 
into  the  hub  of  the  soilpipe.  Trap  and  soil  pipe  shall 
be  of  castiron  and  shall  extend  at  least  three  feet 
outside  of  vault. ' Hoppers  shall  be  flushed  with  seat 
attached  to  heavy  chain  or  rod.  Waste  valve  shall 
be  connected  by  brass  nipple  and  trapped  when  con- 
nected to  sewer  outside  of  closet  trap.  Trap  and 
valve  for  water  closets  shall  be  placed  below  freezing 
line  and  accessible  for  repairs.  Vaults,  when  con- 
structed, shall  be  built  of  brick,  stone  or  heavy 
planking. 

Outside  water  closets  shall  have  separate  stop- 
cocks and  when  not  placed  in  pit  shall  have  a good, 
substantial  rod  to  extend  above  the  floor  at  some 
convenient  place  for  use,  and  the  said  rod  and  valve 
shall  be  covered  by  a casing  of  iron  or  clay  or  cement 
pipe  with  a tight-fitting  iron  or  wood  cover. 

No  hopper,  pan  or  plunger  closets  shall  be  al- 
lowed in  any  building.  All  outside  water  closets 
shall  be  vented  with  a four-inch  soilpipe,  said  vent 
not  to  terminate  within  less  than  ten  feet  from  sur- 

54^ 


face  of  the  ground  and  at  least  live  feet  above  or 
ten  feet  away  from  any  window  or  opening  in  any 
building.  All  such  closet  combinations  must  be  ap- 
proved by  the  plumbing  inspector  before  they  are 
installed. 

(j)  Urinals.  All  latrines  or  urinals  shall  be  of 
iion-porous  material  and  shall  be  separately  supplied 
with  water  and  thoroughly  ventilated. 

(k)  Stopcocks.  Every  fixture  or  group  of  fix- 
tures supplied  with  water  shall  have  a separate  stop- 
cock or  shutoff. 

(l)  Eemodeling.  In  any  case  of  alteration  of 
buildings,  where  it  is  not  practicable  to  constmct 
the  plumbing  in  accordance  with  the  provisions  of 
this  chapter,  a special  permit  may  be  issued  by  the 
plumbing  inspector  to  meet  the  conditions  thereof. 
[Ord.  No.  730,  passed  Apr.  3,  1907,  as  amended  by 
Ord.  No.  827,  passed  Nov.  30,  1910,  and  Ord.  No.  910, 
passed  July  9,  1913.] 

§1085.  Tests  and  Inspections.  (Sec.  300)  Be- 
fore the  plumbing  of  any  building  shall  be  finally 
approved  by  the  plumbing  inspector,  there  shall  be 
three  inspections : First,  of  the  sewer  when  it  is  laid 
and  jointed  and  before  it  is  covered;  second,  of  the 
soil,  waste  and  ventpipes;  the  whole  system  of  inside 
drains;  soil,  waste  and  ventpipes  shall  be  filled  with 
water  or  subjected  to  an  air  pressure  of  ten  pounds 
to  the  square  inch;  and  third,  the  whole  system  of 
plumbing,  when  completed  and  the  water  turned  on, 
shall  be  inspected  by  the  plumbing  inspector,  and 
if  said  inspector  shall  find  such  plumbing  in  accord- 
ance with  the  requirements  of  this  chapter,  he  shall 
issue  to  the  owner  of  such  buildings,  or  his  agent  or 
architect,  a certificate  of  approval  of  same.  Archi- 
tects, owners,  agents  or  contractors  shall  see  that 

549 


such  certilicate  has  been  granted  before  accepting 
any  plumbing  work. 

1086.  Definition.  (Sec.  301)  The  term ‘‘Plumb- 
ing” as  used  in  this  chapter  is  hereby  defined  to  be 
and  to  include  the  pipes,  fixtures  and  all  appurte- 
nances thereto  which  are  used  to  conduct  water  to 
and  distribute  it  in  or  about  any  premises  or  build- 
ing for  any  use  whatever,  and  all  pipes  and  appur- 
tenances used  or  to  be  used  for  conveying  water 
within  and  to  a distance  of  three  feet  outside  of  the 
foundation  walls  of  any  building,  and  all  pipes  and 
appurtenances  used  to  ventilate  the  drains,  fixtures 
and  traps  in  any  building,  and  all  pipes  and  connec- 
tions through  which  gases,  vapors  or  wastes  of  any 
kind  may  be  discharged  into  drains  or  sewers.  [Ord. 
No.  730,  passed  Apr.  3,  1907.] 


ARTICLE  4. 

OF  SEWERS,  AND  SEWER  REGULATIONS. 

§1087.  Superintendent.  Powers  and  Duties. 

(Sec.  302)  The  plumbing  inspector  shall  be  the 
superintendent  of  sewers,  and  as  such  superintendent 
he  shall  have  charge  and  management  of  the  sewer 
system  of  the  city  and  all  property  belonging  or  ' 
appertaining  thereto,  and  shall  see  that  such  system 
is  kept  properly  cleaned  and  in  good  working  order 
and  repair.  He  shall  perform  all  such  duties  in  con- 
nection with  such  system  as  shall  be  required  of 
him  by  the  council. 

§1088.  Permits.  (Sec.  303)  Any  owner  of  prop- 
erty desiring  to  connect  any  drainage  pipes  with  any 
sewer  in  this  city  shall  make  application  to  the 
plumbing  inspector  for  a permit  so  to  do.  Such 

550 


applications  shall  be  in  writini>',  signed  by  the  appli- 
cant or  bis  agent,  shall  state  the  name  of  the  plumber 
who  it  is  desired  shall  make  such  connections,  and 
shall  be  accompanied  by  a plan  showing  the  course 
of  the  drain  and  the  size  and  location  of  any  l)ranch- 
es,  fixtures  and  traps  to  be  connected  therewith. 
Such  plans  shall  be  filed  with  the  application  in 
the  office  of  the  plumbing  inspector.  If  the  drain  is 
/ to  be  connected  with  a sewer  belonging  to  any  per- 
son other  than  the  city,  the  applicant  must  file  with 
his  application  the  written  consent  of  the  owner  of 
said  sewer  to  connect  therewith.  Upon  so  doing,  the 
plumbing  inspector  may  issue  a permit  to  such 
plumber  to  lay  such  drainage  pipes  and  make  such 
connections  with  the  sewer.  All  such  drainage  pipes 
shall  he  laid  upon  line  and  grade  given  by  the 
plumbing  inspector,  who  shall  keep  a record  of  the 
same.  All  work  done  under  such  permit  shall  be  in 
strict  compliance  with  the  plans  under  which  it  is 
granted  and  under  the  supervision  of  the  plumbing 
inspector. 

§1089.  Plumbers  Only  Permitted  to  Lay  Drains, 
Etc.  (Sec.  o04)  No  person  except  a plumber  with 
proper  permit  shall  lay  any  waste  or  drainage  pipes 
or  conilect  the  same  with  any  sewer  in  this  city  or 
any  lateral  therefrom,  nor  shall  uncover  or  open  any 
sewer  nor  dig  or  excavate  in,  through  or  under  any 
public  street,  alley  or  highway,  for  the  purpose  of 
laying  any  drainage  pipes  or  making  connections 
with  any  sewer.  [Ord.  No.  730,  passed  Apr.  3,  1907.] 

§1090.  Size,  Changes,  Etc.  (Sec.  305)  No  sewer 
connections  or  laterals  will  be  permitted  less  than 
four  inches  nor  more  than  six  inches  in  diameter 
inside  ineasuremeiit ; store  buildings  or  business 
houses  having  more  than  four  outside  water  closets 
shall  he  provided  with  sewer  not  less  than  six  inches 

55  T 


ill  diameter  inside  measurement,  except  by  special 
permission  of  the  plumbing  inspector.  AW  outside 
drains  shall  be  formed  of  good,  hard,  sound,  well- 
glazed  stoneware  or  concrete  whole  socket  pipes. 
Changes  in  the  alignment  of  sewer  or  airpipes  shall 
be  made  with  curved  pipes  and  connections  shall  be 
made  with  “Y”  branches.  There  shall  be  no  right 
angles.  Clipping  straight  pipes  to  make  curves  will 
not  be  permitted.  No  sewer  shall  be  cut  to  make 
any  connection  except  by  special  permission  of  the 
plumbing  inspector,  and  then  only  under  his  super- 
vision. All  work  in  connection  with  the  laying  of 
any  drain  or  sewers  shall  be  done  as  the  plumbing 
inspector  shall  direct.  [Ord.  No.  730,  passed  Apr.  3, 
1907,  as  amended  by  Ord.  No.  863,  passed  Apr.  24, 
1912.] 

§1091.  Connections.  (Sec.  306)  No  person  shall 
connect  any  open'  gutter,  cesspool,  privy,  vault, 
cistern  or  rain-water  conductor  with  any  sewer. 

§1092.  Injury  to  Sewer.  (Sec.  307)  No  person 
shall  injure,  break  or  remove  any  sewer  or  lateral 
therefrom  or  portion  thereof,  or  manhole,  flush  tank 
or  any  part  thereof.  Any  person  desiring  to  lay  pipes 
or  drive  any  piling  in  any  of  the  streets  or  alleys 
within  which  sewers  are  laid,  shall  give  notice  to  the 
plumbing  inspector  at  least  twenty-four  hours  before 
such  pipe  is  to  be  laid  or  piles  are  to  be  driven. 

§1093.  Not  Permit  Refuse  in  Sewers.  (Sec.  308) 
No  person  shall  throw  or  deposit  or  permit  to  be 
thrown  or  deposited  in  any  vessel  or  receptacle  con- 
nected with  the  sewer,  any  garbage,  hair,  ashes, 
fruit  or  vegetables,  peelings  or  refuse,  rags,  cotton, 
cinders  or  any  other  matter  except  feces,  urine,  the 
necessary  closet  paper  or  liquid  house  slops. 

§1094.  Cesspools.  (Sec.  309)  All  cesspools 
552 


shall  be  ]o(‘ated,  if  possible,  not  less  than  forty  feet 
from  any  house  or  bnildin<>‘  connected  therewith. 
The  top  thereof  shall  not  be  less  than  one  foot  below 
the  surface  of  the  ground,  and  the  same  shall  be  se- 
curely closed  with  iron,  stone  or  heavy  plank  cover, 
and  all  cesspools  shall  be  provided  with  ventpipe 
of  at  least  four  inches  in  diameter  and  extend  not 
less  than  ten  feet  above  ground.  The  i^art  of  vent- 
pipe  under  ground  shall  be  of  cast  iron. 

§1095.  Greasetraps  Required.  (Sec.  310)  Each 
building  within  the  city' within  which  cooking  shall 
shall  be  done  shall  be  provided  with  a greasetrap. 
Such  greasetrap  shall  be,  unless  otherwise  directed 
by  the  plumbing  inspector,  located  in  the  yard,  as 
near  as  possible  to  the  sink  which  it  drains,  and  shall 
be  constructed  of  the  best  hydraulic  cement,  earthen- 
ware or  brick,  and  when  not  practicable  to  put  in 
the  yard,  a greasetrap  must  be  placed  below  each 
sink,  and  shall  have  a water  jacket  to  keep  grease  in 
greasetrap  chilled.  If  brick  shall  be  used,  the  walls 
and  bottom  shall  be  plastered  with  cement  mortar 
at  least  one  inch  thick,  and  shall  have  iron  or  stone 
covers,  and  the  tops  thereof,  shall  not  be  less  than 
six  inches  under  ground.  Hotels,  restaurants  and 
large  cooking  establishments  shall  have  greasetraps 
not  less  than  forty  inches  in  diameter,  and  three  feet 
deep,  and  all  other  buildings,  greasetraps  not  less 
than  twenty-four  inches  in  diameter  and  not  less 
than  three  feet  deep. 

§1096.  Cleaning  Greasetraps.  (Sec.  311)  No 
person  shall  remove  the  contents  of  any  greasetrap 
within  this  city  without  having  a permit  from  the 
health  department  so  to  do.  Such  permit  shall  be 
issued  only  to  a licensed  scavenger.  Any  person 
desiring  license  to  clean  greasetraps  shall  make  ap- 
plication therefor  to  the  clerk.  Such  application 


553 


shall  be  in  writing-  and  shall  state  the  name  and 
place  of  business  of  the  applicant.  Upon  such  appli- 
cation heini>-  filed,  with  a bond  to  the  city  in  the  sum 
of  one  thousand  dollars,  with  such  sureties  as  the 
council  shall  approve,  and  conditioned  that  the  ap- 
plicant will  comply  with  all  of  the  ordinances  of  the 
city  and  the  rules  and  regulations  of  the  health  de- 
partment in  relation  thereto,  and  the  payment  of  a 
license  fee  of  ten  dollars,  the  clerk  may  issue  such 
license,  which  shall,  unless  sooner  suspended  or 
revoked,  continue  in  force  for  one  year  from  its 
issue.  The  contents  of  greasetraps  shall  be  trans- 
ported through  the  streets,  alleys  or  public  places 
within  the  city  only  in  tight-covered  metal  tanks,  so 
constructed  as  to  prevent  any  leakage  therefrom. 
All  tools,  appliances  and  vehicles  used  in  such  clean- 
ing and  removal  shall  be  kept  in  perfect  sanitary 
condition  and  as  shall  be  approved  by  the  health 
officer.  Greasetraps  shall  be  cleaned  as  often  as  fol- 
lows : For  houses  of  four  rooms  or  less,  at  least  once 
in  every  two  years;  for  houses  of  five  and  not  more 
than  eight  rooms,  at  least  once  in  eighteen  months, 
and  for  houses  of  more  than  eight  rooms,  at  least 
once  a year.  Hotels  and  restaurants  shall  have  their 
greasetraps  cleaned  at  least  once  every  six  months, 
and  oftener  if  so  directed  by  the  health  officer.  If 
any  ])roperty  shall  be  vacant,  for  any  time,  its  greas- 
trap  shall  be  cleaned  as  shall  be  directed  by  the 
health  officer. 

§1097.  Sandtraps  Required.  (Sec.  312)  Stables, 
barns,  and  carriage  houses  having  wash  racks,  on 
which  wagons,  carriages,  buggies  or  other  vehicles 
are  washed,  and  which  are  connected  with  the  sewer, 
shall,  be  provided  with  a sand-trap,  the  diameter  of 
which  shall  be  not  less  than  twenty-four  inches  and 
the  depth  not  less  than  forty-eight  inches.  Such 
sandtraps  shall  be  constructed  of  brick  or  tile. 

554 


When  brick  is  used,  the  walls  shall  be  eight  inches 
thick,  and  the  walls  and  bottom  of  such  trap  shall 
be  plastered  with  best  hydraulic  cement  one  inch 
thick. 

§1098.  General  Penalty.  (Sec.  31-3)  Any 
plumber  holding  a certificate,  violating  any  pro- 
vision of  any  ordinance  or  any  rule  or  regulation  of 
the  council,  or  the  water  or  health  departments,  re- 
lating to  plumbing,  shall  be  fined  not  less  than  five 
nor  more  than  one  hundred  dollars  for  each  otfense, 
and  the  plumbing  inspector,  with  the  approval  of 
the  council,  may  revoke  his  certificate,  and  if  he  be 
a master  plumber,  his  license  shall  be  forfeited;  and 
any  other  person  violating  any  of  the  provisions  of 
this  chapter  shall  be  fined  not  less  than  five  nor  more 
than  twenty-five  dollars  for  each  offense.  [Ord.  No. 
730,  passed  Apr.  3,  1907.] 

§1099.  Basement  Fixtures.  Connections.  In 
Fire  Limits.  (Sec.  1)  In  all  cases  in  which  basement 
fixtures  are  now  connected  with  the  sewer  system 
of  the  city  within  the  fire  limits  of  said  city  as  pre- 
scribed by  ordinance,  it  shall  be  the  duty  of  the 
owner  of  the  property  containing  said  basement 
fixtures  to  place  or  cause  to  be  placed  thereon  a 
back-water  checkvalve  to  be  approved  by  the  plumb- 
ing inspector  and  established  under  his  direction. 

§1100.  Backwater  Valve.  Duty  of  Owner. 

(Sec.  2)  Whenever  basement  fixtures  are  hereafter 
connected  with  said  sewer  system  within  the  fire 
limits  of  said  city  as  prescribed  by  ordinance,  it  shall 
be  the  duty  of  the  owner  of  the  property  containing 
such  basement  fixtures  to  place  or  cause  to  be  placed 
thereon  at  the  time  of  such  connection  a backwater 
valve  to  be  approved  by  the  plumbing  inspector  and 
established  under  his  direction,  and  it  shall  be  the 
duty  of  such  owner  to  keep  said  backwater  valve  in 
good  order  and  repair. 


555 


§1101.  Approval  By  Plumbing  Inspector.  (Sec. 

3)  The  plumbing  inspector  shall  not  approve  the 
plumbing  of  any  property  having  basement  fixtures 
that  may  hereafter  be  connected  with  the  sewer  sys- 
tem of  the  city  within  the  fire  limits  as  provided  by 
ordinance,  unless  said  fixtures  are  provided  with 
such  backwater  checkvalve. 

§1102.  Not  Apply  to  Fixtures  Above  Ground. 

(Sec.  4)  This  ordinance  shall  not  apply  to  basement 
fixtures  which  may  be  above  the  level  of  the  ground 
at  the  main  sewer.  [Ord.  No.  869,  passed  July  17, 
1912.] 


ARTICLE  5.  • 

OF  AULTS,  CESSPOOLS  AND  WATER  SEALS. 

§1103.  Privy  Vaults  Prohibited  Where  Sewer 
Connections  Possible.  (Sec.  1)  No  person  shall  con- 
struct or  maintain,  a privy  vault  or  receptacle  for 
nightsoil,  or  a cesspool  on  any  lot  or  parcel  of  land 
in  the  city,  where  such  lot  or  parcel  of  land  is  ad- 
jacent to  a sewer  line  owned  by  the  city,  except  when 
the  city  engineer  or  the  plumbing  inspector  shall 
find  that  connection  cannot  be  made  with  such  sewer 
for  house  drainage. 

§1104.  Water  Seals.  (Sec.  2)  No  person  shall 
drain  or  deprive  a plumbing  fixture  trap  of  its  water 
seal  without  protecting  and  preventing  the  passage 
of  foul  air  into  the  building  from  the  sewer  or  cess- 
pool by  filling  the  trap  with  a non-freezing  and  non- 
evaporating fluid.  No  person,  except  a licensed 
plumber,  shall  take  out  or  drain  any  trap,  or  take  up 
any  closet  that  would  permit  the  passage  of  foul  .air 
into  any  building,  and  such  plumber  shall,  on  the 

556 


removal  of  such  trap,  or  closet,  close  any  opening 
made  by  such  removal  and  make  the  same  airtight 
with  solder.  The  plumber  doing  such  work  shall 
immediately  on  the  completion  of  the  same,  or  as 
soon  thereafter  as  practicable,  notify  the  plumbing 
insi)ector  of  the  location  of  the  place  where  such 
work  was  done  and  the  plumbing  inspector  shall 
keep  a record  thereof. 

§1105.  Penalty.  (Sec.  3)  Any  person  violating 
any  of  the  provisions  of  this  ordinance  shall,  on  con- 
viction, be  fined  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars,  and  each  day  that  any 
violation  of  this  ordinance  shall  continue,  shall  be  a 
separate  otfense  and  may  be  punished  accordingly. 
[Ord.  No.  888,  passed  Dec.  24,  1912.] 

§1106.  Vault  Cleaners.  License.  Equipment. 

(Sec.  1)  No  person,  company  or  corporation  shall 
engage  in  or  conduct  the  occupation  or  business 
known  as  ‘A^ault  cleaners,’’ without  having  first 
obtained  from  the  city  of  Colorado  Springs  a 
license  therefor.  The  party  applying  for  such  license 
shall  pay  to  the  city  treasurer  of  the  city  of  Colorado 
Springs  the  sum  of  twenty-five  dollars  ($25)  there- 
for. Such  person,  company  or  corporation  shall  be 
equipped  with  the  most  modern  and  approved  appli- 
ances for  such  work. 

§1107.  Contents  of  Vaults.  Removal.  Appli- 
ances. (Sec.  2)  The  contents  of  privy  vaults  or  cess- 
pools within  the  limits  of  the  city  of  Colorado 
Springs,  shall  not  be  removed  therefrom,  nor  shall 
the  same  be  transported  through  any  street,  alley 
or  public  place  within  the  city,  except  in  the  most 
improved  sanitary  manner,  through  or  by  the  means 
of  airtight  tanks,  if  soft  and  mixed  with  water,  and 
if  solid  or  dry,  in  tight  covered  tanks,  in  such  a 
manner  as  shall  prevent  the  escape  of  any  noxious 

557 


or  offensive  odors,  and  preserve  such  contents  from 
sight  or  exposure  during  transportation.  All  tools, 
appliances  and  vehicles  used  in  such  cleaning  and 
removal  shall  be  kept  and  maintained  in  perfect 
sanitary  condition,  subject  to  the  inspestion  of  the 
health  officer  at  all  times. 

§1108.  Charges  for  Cleaning  and  Removal. 
Dumping  Grounds.  (Sec.  3)  It  shall  be  unlawful  for 
persons,  companies  or  corporations  engaged  in  the 
work  of  cleaning  cesspools  or  vaults,  or  removal  of 
contents  thereof,  as  aforesaid,  to  charge  for  the  same 
more  than  four  dollars  ($4)  per  load  of  five  hundred 
(500)  gallons  of  cesspool  or  other  soft  matter,  or 
more  than  ten  cents  per  cubic  foot  for  nightsoil  or 
solid  matter  removed,  or  more  than  four  dollars 
($4)  for  opening  up  and  cleaning  the  bottom  and 
sides  of  each  cesspool,  including  disinfecting  and  de- 
odorizing and  putting  same  in  first-class  sanitary 
condition.  The  health  officer  shall  designate  the 
dumping  grounds  upon  which  such  material  may  be 
dumped. 

§1109.  Permit  Required  for  Each  Job.  (Sec. 

4)  Any  person  or  company  wishing  to  perform  the 
work  of  cleaning  cesspools  or  privy  vaults  must  first 
get  a permit  from  the  health  officer  in  each  instance. 
The  said  permit  is  to  be  returned  to  the  health  offi- 
cer after  the  work  is  done,  signed  by  the  party  hav- 
ing the  work  done. 

§1110.  Penalty.  (Sec.  5)  Any  person  or  per- 
sons failing  to  comply  with,  or  who  violate  any  of 
the  provisions  of  the  foregoing  sections  of  this  or- 
dinance, shall  be  fined  in  a sum  not  less  than  five 
dollars  ($5)  nor  more  than  twenty-five  dollars  ($25). 
[Ord.  No.  557,  passed  Aug.  20,  1900.] 


558 


CM  APT  EE  XII. 

OF  FOODS,  MARKETS,  AND  WEIGHTS  AND 
MEASURES. 


ARTICLE  1. 

OF  THE  FOOD  INSPECTOR  AND  THE  CITY 
CHEMIST. 

§1111.  Food  and  Milk  Division  Established. 

(Sec.  144)  There  is  hereby  established  a division  of 
the  health  department  of  this  city  to  be  known  as 
the  food  and  milk  division. 

§1112.  Food  Inspector.  Appointment.  Bond. 

(Sec.  145)  There  is  hereby  created  the  office  of  food 
inspector.  The  food  inspector  shall  be  appointed 
by  the  mayor,  with  the  approval  of  the  council.  He 
shall  be  a person  with  a practical  knowledge  of  meat 
inspection  and  milk  analysis,  and  the  diseases  of 
meat  and  milk-producing  animals.  Before  entering 
upon  the  duties  of  his  office,  he  shall  execute  a bond 
to  the  city  in  the  sum  of  two  thousand  dollars,  with 
such  sureties  as  the  council  shall  approve,  condi- 
tioned for  the  faithful  performance  of  the  duties  of 
his  office. 

§1113.  Duties.  Compensation  of  Food  In- 
spector. (Sec.  146)  The  food  inspector  shall  be  sub- 
ject at  all  times  to  the  control  and  supervision  of 
the  health  officer.  He  shall  examine  and  inspect 
all  articles  of  food  kept  or  offered  for  sale  within 
this  city,  and  shall  condemn  any  such  articles  as 
he  shall  find  unfit  for  human  consumption,  and  he 
shall  perform  such  other  duties  as  shall  be  required 
of  him  by  the  health  officer.  The  compensation  to 

559 


he  ])ai(l  the  i‘ood  insj)eetor  for  liis  services  is  hereby 
lix(‘(l  at  ten  hundred  tifty  dollars  per  annum.  No 
otliei*  compensation  shall  l)e  allowed  or  paid  by  the 
city  to  the  food  inspe(‘tor  for  any  services  whatso- 
ever. 

§1114.  . City  .Chemist.  Appointment.  Bond. 

(Sec.  125)  There  is  hereby  created  the  office  of  city 
chemist,  ddie  chemist  shall  be  appointed  by  the 
mayor  with  the  ai)proval  of  the  council.  He  shall 
be  a person  skilled  in  the  science  of  analytical 
chemistry  and  bacteriology.  Before  entering  upon 
the  duties  of  his  office  he  shall  execute  a bond  to 
the  cit}^  in  the  sum  of  two  thousand  dollars,  with 
such  sureties  as  the  council  shall  approve,  condi- 
tioned for  the  faithful  performance  of  the  duties  of 
his  office. 

§1115.  Duties.  Compensation.  (Sec.  126)  The 
chemist  shall  be  subject  at  all  times  to  the  control 
and  supervision  of  the  health  officer.  He  shall  make 
all  analyses  and  examinations  of  milk  and  cream, 
meat,  water,  food,  drugs,  and  such  medical  diagnoses 
and  other  examinations  as  may  be  directed  by  the 
health  officer.  He  shall  keep  a record  of  every 
analysis  or  examination  that  may  be  made,  and  he 
shall  perform  such  other  duties  as  shall  be  required 
of  him  by  the  health  officer.  The  compensation  to 
be  paid  the  chemist  for  his  services  is  hereby  fixed 
at  twelve  hundred  dollars  per  annum.  No  other 
compensation  shall  be  allowed  or  paid  by  the  city 
to  the  chemist  for  any  services  whatsoever.  [Ord. 
No.  730,  passed  Apr.  3,  1907,  as  amended  by  Ord. 
No.  894,  passed  Feb.  5,  3913.] 


560 


ARTICLE  2. 

OF  TRK  INSPECTION  AND  SALE  OF  MILK 
AND  MILK  PRODUCTS. 

§1116.  Vendors’  License.  (Sec.  147)  No  per- 
son shall  sell  or  offer  for  sale,  or  cause  to  be  sold  or 
kept  for  sale,  any  milk,  cream  or  buttermilk  for 
human  food  at  any  grocery  store  or  other  place,  or 
peddle,  or  deliver  the  same  from  any  wagon  or 
vehicle,  or  otherwise  in  this  city,  without  first  hav- 
ing obtained  a license  for  each  store  or  other  place 
where  such  milk  or  cream  is  sold  or  offered  for  sale, 
and  for  each  wagon  or  vehicle  driven  or  used  for 
such  purpose ; and  no  person  shall  ship  or  bring  into 
the  city  by  freight,  express  or  otherwise,  any  milk 
or  cream  without  having  a license  so  to  do.  Any 
person  desiring  such  license  shall  make  application 
in  writing  therefor  to  the  health  department.  Such 
application  shall  be  made  upon  a printed  form  to  be 
furnished  by  the  health  department,  and  such  ap- 
plicant, if  an  individual,  shall  state  therein  his  full 
name  and  residence,  and  if  a corporation,  shall  state 
the  full  name  and  residence  of  each  of  its  officers. 
Such  application  shall  also  state  the  location  of  the 
place  at  which  it  is  desired  to  carry  on  such  business. 
It  shall  also  contain  a description  of  each  wagon  or 
other  vehicle  to  be  used  by  the  applicant  in  and 
about  his  business;  also  the  number  of  cows  owned 
or  controlled  by  the  applicant.  Upon  such  applica- 
tion being  filed  with  the  health  department,  the  food 
inspector  shall  investigate  the  place  of  business 
described  in  such  application  and  the  wagons  or 
other  vehicles  intended  to  be  used  by  such  applicant. 
The  food  inspector  shall  report  the  results  of  such 
investigation  to  the  health  officer,  and  if  such  place 
of  business  or  such  wagons  or  vehicles  are  found  by 
said  food  inspector  to  be  in  a sanitary  condition  and 

5bi 


fit  for  the  uses  to  which  they  are  intended  to  be  put, 
the  health  officer  may  thereupon  cause  to  be  issued, 
a license  to  such  applicant  upon  the  payment  as  a 
fee  for  such  license:  For  each  wagon  used  in  de- 

livery, one  dollar;  for  each  store  or  other  place 
where  milk  and  cream,  or  either  of  them,  is  sold,  one 
dollar;  and  for  each  person  who  shall  ship  or  bring 
milk  and  cream,  or  either  of  them,  into  the  city,  one 
dollar.  Such  license  shall  not  be  transferable  and 
shall  authorize  the  licensee  to  carry  on  his  business 
only  at  the  place  or  places  described  in  such  license. 
All  licenses  issued  under  this  section  shall  expire  on 
the  31st  day  of  December  next  after  the  issue  there- 
of. 

§1117.  Sign  on  Vehicle.  (Sec.  148)  Every  per- 
son to  whom  a license  may  be  issued  under  this  arti- 
cle shall  post  and  keep  the  same  in  a conspicuous 
place  in  the  room  or  place  for  which  it  was  granted, 
and  every  person  authorized  by  this  article  to  peddle 
milk  and  cream,  or  either  of  them,  from  a wagon, 
shall  cause  the  name  of  the  person  and  the  number 
of  the  license  to  be  plainly  printed  in  letters  and  fig- 
ures at  least  one  and  one-half  inches  in  height  in  a 
conspicuous  place  on  the  wagon.  In  case  the  licensee 
shall  ship  or  bring  milk  and  cream,  or  either  of  them, 
into  the  city,  by  express  or  otherwise,  the  number  of 
the  license  shall  be  placed  on  every  can,  and  he  shall 
keep  the  same  plain  and  distinct  during  the  time  for 
which  such  license  is  issued.  Any  person  violating 
any  of  the  provisions  of  this  section  shall  be  fined 
not  less  than  five  nor  more  than  twenty-five  dollars 
for  each  offense;  and  each  and  every  day  on  which 
any  such  person  shall  drive  or  operate  or  cause  to 
be  driven  or  operated  any  such  vehicle,  or  shall  use 
any  such  can  in  violation  of  any  of  the  provisions  of 
this  section,  shall  constitute  a separate  and  distinct 
offense.  [Ord.  No.  730,  passed  Apr.  3,  3907,  as 

562 


amended  by  Ord.  No.  894,  passed  Feb.  5,  1913.] 

§1118.  Keep  Cans  and  Bottles  Clean.  Prohibits 
Use  of  Labeled  Bottles  by  Others  Than  Owners. 

(Sec.  149)  Eveiy  person  licensed  under  the  provi- 
sions of  this  article,  or  who  is  engaged  in  or  carrying- 
on  the  business  of  vending  milk  and  cream,  or  either 
of  them,  shall  keep  all  cans  and  other  receptacles 
used  in  and  about  the  handling  of  milk  and  cream, 
or  either  of  them,  and  all  refrigerators  or  compart- 
ments and  stores  and  other  places  where  milk  and 
cream,  or  either  of  them,  is  kept,  stored  or  handled, 
in  a scrupulously  neat  and  clean  condition,  and  free 
from  the  presence  or  vicinity  of  any  article  or  thing 
likely  to  contaminate  or  injuriously  affect  the  qual- 
ity or  sweetness  of  the  milk  or  cream,  and  shall  also 
cause  all  cans  and  other  receptacles  in  which  milk 
or  cream  is  kept,  to  be  sterilized  with  boiling  water 
or  live  steam  as  soon  as  they  are  empty  and  before 
being  used  again,  and  shall  cause  all  bottles,  cans, 
dippers,  or  other  vessels  used  in  and  about  the  ped- 
dling or  vending  of  milk  and  cream  to  be  scalded 
or  sterilized  daily,  and  shall  cause  all  bottles  or  jars 
in  which  milk  or  cream  is  sold,  offered  for  sale  or 
delivered,  to  be  washed  clean  and  thoroughly  ster- 
ilized as  soon  as  they  are  empty  and  before  being 
used  again.  No  milk  or  cream  delivered  in  this  city 
shall  be  bottled,  canned  or  prepared  for  delivery  at 
any  place  other  than  the  milkhouse.  No  person  shall 
use  any  can,  bottle  or  other  receptacle  in  which  milk 
or  cream  has  been  shipped  or  conveyed  to  him  for 
the  storage  of  such  milk,  cream  or  any  other  article 
or  thing,  but  shall  cause  such  cans,  bottles  or  other 
receptacles  to  be  emptied  and  thoroughly  cleaned 
and  dried  and  returned  to  the  shipper  within  twenty- 
four  hours  after  he  shall  have  received  the  same, 
and  all  sterilizing  and  cleaning  required  by  this 
article  shall  be  done  as  the  health  officer  shall  direct. 

563 


Any  ])erson,  firm  or  corporation  licensed  under  the 
1)1*0 visions  of  this  ordinance  shall  not  use,  or  cause, 
or  iiermit  to  be  used  any  can,  bottle  or  other  recep- 
tacle, which  has  upon  it  the  name  or  label  of  any 
other  ])erson,  firm  or  corporation  licensed  under  the 
1)1*0 visions  of  this  ordinance.  Any  person  violating 
any  of  the  provisions  of  this  section  shall  be  fined 
not  less  than  five  nor  more  than  one  hundred  dollars 
for  each  offense.  [Ord.  No.  730,  passed  Apr.  3,  .1907, 
as  amended  by  Ord.  No.  792,  passed  Feb.  23,  1910.] 

' §1119.  Sealed  Milk  Cans  Required.  Sec.  150) 

No  person  shall  deliver  or  bring  into  the  city  for 
sale,  any  milk  or  cream  unless  such  milk  or  cream  is 
contained  in  a can  or  receptacle,  sealed  with  a metal 
seal  by  the  shipper  thereof,  and  unless  such  can  or 
receptacle  shall  have  such  seal  intact  at  the  time  it 
is  l)rought  into  the  city.  No  person  shall  sell,  offer 
for  sale  or  dispose  of  or  deliver  to  any  person,  any 
milk  or  cream,  or  have  any  milk  or  cream  in  his  pos- 
session with  the  intent  to  sell,  offer  or  expose  the 
same  for  sale,  or  deliver  the  same  to  any  person 
which  he  knows,  or  has  reason  to  believe,  was  re- 
ceived in  or  brought  into  the  city  in  a can  or  other 
receptacle  which  did  not  have  its  seal  intact,  in 
accordance  with  the  provisions  of  this  section.  Any 
person  violating  any  of  the  provisions  of  this  sec- 
tion shall  be  fined  not  less  than  five  nor  more  than 
one  hundred  dollars  for  each  offense. 

§1120.  Inspection.  (Sec.  151)  It  shall  be  the 
duty  of  the  food  inspector  to  visit,  view  and  inspect 
all  places  and  vehicles  in  which  milk  and  cream,  or 
either  of  them,  is  sold  or  offered  for  sale,  stored, 
kept  or  delivered,  and  inspect  all ‘vessels,  cans,  re- 
ceptacles, packages,  refrigerators  or  compartments 
of  any  store  or  building,  platforms,  establishments 
or  places  of  any  kind  containing  milk  or  cream,  and 
to  ascertain  and  examine  the  condition  thereof  with 

564 


reference  to  cleanliness  and  sanitation,  and  to  cause 
the  removal  and  abatement  of  any  unfit,  unclean  or 
injurious  conditions  attending  the  keeping,  storing 
or  possession,  care,  custody  or  control  of  any  milk 
or  cream  at  and  in  all  places.  Any  person  failing, 
neglecting,  delaying  or  refusing  to  obey  or  to 'con- 
form to  any  order  under  this  section,  or  who  in  any 
way  hinders  any  officer  or  inspector,  shall  be  fined 
not  less  than  five  nor  more  than  twenty-five  dollars 
for  each  offense. 

§1121.  Power  of  Entry.  Samples.  (Sec.  152) 
The  health  officer,  food  inspector,  city  chemist  and 
any  inspector  or  police  officer  authorized  by  the 
health  officer,  shall  have  the  right  and  power  to 
enter  and  have  full  access  to  any  building,  structure 
or  premises  where  any  milk  or  cream  is  produced, 
stored  or  kept  for  sale,  and  shall  have  the  right  of 
access  to  all  wagons,  railroad  cars  or  other  vehicles 
of  any  kind  used  for  the  conveyance  or  delivery  of 
milk  and  cream,  or  either  of  them,  and  shall  have  the 
right  to  take  samples  of  milk  and  cream  therefrom, 
such  samples  not  to  exceed  one  quart,  for  the  purpose 
of  inspecting,  testing  or  analyzing  the  same.  Any 
person  refusing  to  allow  such  right  of  entry  or  re- 
fusing to  allow  such  samples  of  milk  or  cream  to 
be  taken,  or  hindering  or  obstructing  any.  officer 
named  herein  in  carrying  out  the  power  conferred 
by  this  section,  shall  be  fined  not  less  than  five  nor 
more  than  twenty-five  dollars  for  each  offense. 

§1122.  Milk  Test.  (Sec.  153)  No  person 
licensed  under  this  article  shall  keep,  sell  or  offer 
for  sale,  or  have  in  his  possession,  charge  or  control, 
in  this  city,  any  milk,  if  such  milk  contains  more 
than  88  per  cent,  of  watery  fluid  or  less  than  12  per- 
cent. of  total  solids,  or  less  than  3 per  cent,  of  butter 
fat. 


565 


§1123.  Cream  Test.  (Sec.  154)  No  person 
licensed  nnder  this  article  shall  keep,  sell  or  offer 
for  sale,  or  have  in  his  possession,  charge  or  control, 
in  this  city,  any  cream  if  such  cream  contains  less 
than  15  per  cent,  of  butter  fat. 

§1124.  Skimmed-Milk  Test.  (Sec.  155)  No  per- 
son shall  sell  or  offer  for  sale  in  this  city,  any  milk 
from  which  the  cream,  or  any  part  thereof,  shall  have 
been  taken,  unless  such  milk  shall  be  offered  for  sale 
and  sold  by  such  person  as  ‘ ‘ skimmed-milk,  ^ ’ and  un- 
less the  cans  or  other  receptacles  containing  such 
milk  shall  have  painted  on  the  outside  thereof,  not 
less  than  six  inches  from  the  top  of  such  cans  or  re- 
ceptacles, the  words  ^ ^ Skimmed-milk  ’ ’ in  plain,  black 
letters,  not  less  than  three  inches  in  height  and  one 
inch  in  width;  and  no  such  person  shall  sell,  offer 
for  sale  or  deliver,  any  skimmed  milk  containing 
less  than  8.5  per  cent,  of  total  solids  other  than 
butter  fat,  or  containing  more  than  1 per  cent,  of 
butter  fat.  Any  person  violating  any  of  the  provi- 
sions of  sections  153,  154  or  155  shall  be  fined  not 
less  than  five  nor  more  than  twenty-five  dollars  for 
each  offense. 

§1125.  Impure,  Diluted  or  Adulterated  Milk. 

(Sec.  156)  Whosoever,  by  himself  or  by  his  servant 
or  agent,  or  as  servant  or  agent  or  employe  of  any 
other  person,  sells,  offers  for  sale,  delivers,  or  has  in 
his  custody,  possession  or  control  with  intent  to  sell, 
offer  for  sale  or  deliver  in  this  city,  any  milk  or 
cream  or  skimmed-milk  for  human  food,  which  is 
unclean,  diluted,  impure,  unwholesome,  adulterated 
or  not  of  the  standard  provided  for  by  this  article, 
or  milk  or  cream  or  skimmed-milk  to  which  water 
or  any  foreign  substance  has  been  added  in 
violation  of  this  article,  or  milk  or  cream  pro- 
duced from  sick  or  diseased  cows,  or  from 
cows  kept  in  an  unclean,  filthy  or  unhealthy 

566 


condition,  or  cows  fed  any  garbage,  swill,  refuse 
or  other  improper  food  or  food  that  has  been 
subject  to  fermentation,  or  milk  or  cream  that  has 
been  exposed  or  contaminated  or  affected  by  the  dis- 
charge of  exhalations  of  any  human  being,  or  animal 
sick  or  infected  shall,  for  the  first  offense,  be  fined 
not  less  than  five  nor  more  than  twenty-five  dollars, 
and  for  each  subsequent  offense  not  less  than  twenty 
nor  more  than  one  hundred  dollars.  And  any  person 
who  shall  adulterate  milk  or  cream,  or  reduce  or 
change  it  in  any  respect  by  the  addition  of  water  or 
any  foreign  or  other  substance,  with  a view  of  selling 
or  offering  the  same  for  sale  or  exchange  in  this  city, 
after  such  adulteration  or  change,  shall  be  fined  not 
less  than  five  nor  more  than  twenty-five  dollars  for 
each  offense;  and  any  person  who  shall  sell  or  offer 
for  sale  in  this  city,  any  milk  or  cream  containing 
any  coloring  matter  or  any  adulterant,  preservative, 
thickener  or  other  material  substance,  whether  for 
the  purpose  of  artificially  increasing  the  quantity  of 
milk  or  cream  or  for  preserving  the  sweetness  there- 
of, or  for  any  purpose  whatsoever,  and  any  person 
who  shall  sell  or  offer  for  sale  in  this  city,  for  use  in 
milk  or  cream,  any  preservative,  coloring  matter, 
thickener,  adulterant  or  other  material  substance, 

. shall  be  fined  not  less  than  five  nor  more  than  twenty- 
five  dollars  for  each  offense. 

§1126.  Condensed  or  Evaporated  Milk.  (Sec. 
157)  No  person  shall  manufacture,  sell  or  offer  for 
sale  in  this  city  any  condensed  or  evaporated  milk 
for  domestic  use  unless  the  same  shall  be  put  up  in 
packages  or  cans  upon  which  shall  be  distinctly 
labeled  or  stamped  the  name  or  brand  by  whom  or 
under  which  the  same  is  made,  and  the  date  when 
made;  nor  shall  any  person  manufacture,  sell  or 
offer  for  sale  in  this  city,  any  condensed  or  evap- 
orated milk  for  domestic  use  unless  the  same  is  man- 

567 


ufactiired  from  pure,  fresh,  unadulterated  milk  from 
vvliicli  the  cream  has  not  been  removed,  or  unless  the 
proportions  of  milk  solids  and  butter  fat  contained 
in  the  condensed  or  evaporated  milk  shall  in  amount 
be  the  equivalent  of  milk  solids  and  butter  fat  as 
provided  by  this  article.  Any  person  violating  any 
of  the  provisions  of  this  section  shall  be  fined  not 
less  than  five  nor  more  than  twenty-five  dollars  for 
each  offense. 

§1127.  Confiscation  of  Impure  Milk.  (Sec.  158) 
All  milk  or  cream  from  sick  or  diseased  cows,  or 
cows  fed  on  slops  and  foods  that  have  been  subject 
to  fermentation,  or  that  may  injuriously  atfect  or  be 
detrimental  to  life  or  health  shall,  upon  discovery 
thereof,  be  confiscated  or  forfeited  by  or  under  the 
direction  of  the  health  officer. 

§1128.  Buttermilk.  (Sec.  159)  Nothing  in  this 
article  shall  be  so  construed  as  to  prohibit  the  use  or 
sale  of  what  is  known  as  buttermilk,  provided  the 
same  is  produced  from  pure  and  wholesome  milk. 
Should  any  buttermilk,  however,  be  sold  or  offered 
for  sale,  or  in  the  custody  of  any  person  in  this  'city, 
with  the  intent  of  selling  or  offering  for  sale  the 
same,  which  is  not  the  product  of  pure  and  whole- 
some milk,  or  which  is  impure  or  adulterated,  such 
person  shall  be  fined  not  less  than  five  nor  more  than 
twenty-five  dollars  for  each  otfense.  [Ord.  No.  730, 
passed  Apr.  3,  1907,  as  amended  by  Ord.  No.  891, 
passed  Feb.  5,  1913.] 

§1129.  No  Sale  Except  in  Bottles  or  Original 
Packages.  (Sec.  1)  No  person  shall  sell  or  offer  for 
sale  any  milk,  skimmed-milk,  cream  or  buttermilk 
for  human  food,  at  a grocery  store,  market,  wagon, 
cart  or  any  other  place  within  the  limits  of  the  city 
of  Colorado  Springs,  unless  the  same  be  sold  and 
delivered  in  bottles  or  in  original  packages  pre))ared 

568 


at  the  milkliouse.  [Ord.  No.  765,  passed  Dec.  28, 
1908.] 

§1130.  Quarantined  Houses.  (Sec.  163)  No 
person  shall  sell  or  give  away,  or  deliver  or  distrib- 
ute any  milk,  cream  or  buttermilk  within  this  city, 
which  shall  have  been  produced  from  any  house, 
dwelling  or  premises  where  there  is  any  communica- 
ble disease,  nor  for  such  a time  thereafter  until  a 
permit  is  granted  him  so  to  do  by  the  health  officer. 
No  person  shall  remove  from  any  such  house,  dwell- 
ing or  premises  that  has  in  it  any  communicable  dis- 
ease, any  bottles  or  receptacles  which  have  been  or 
are  to  be  used  for  the  purpose  of  receiving  or  storing- 
milk,  cream  or  buttermilk,  until  a permit  is  granted 
him  so  to  do  by  the  health  officer.  Any  person  vio- 
lating any  of  the  provisions  of  this  section  shall  be 
fined  not  less  than  five  nor  more  than  twenty-five 
dollars  for  each  offense.  [Ord.  No.  730,  passed  Apr. 
3,  1907,  as  amended  by  Ord.  No.  894,  passed  Feb.  5, 
1913.] 


ARTICLE  3. 

OF  DAIRIES,  DAIRY  COWS  AND  STABLES. 

§1131.  Stables  and  Dairies  to  be  Kept  Clean. 

(Sec.  160)  Every  ])erson  owning,  keeping  or  in  pos- 
session, charge  or  control  of  any  cow  stable  or  dairy, 
where  milk  cows  are  stabled  or  kept,  or  from  which 
milk  is  sold  within  this  city,  shall  have  such  stable 
or  dair>^  cleaned  daily  in  a thorough  manner  and  hj 
such  methods  as  shall  be  directed  by  the  health  of- 
ficer, and  shall  maintain  the  premises  thereof  free 
from  any  accumulation  of  refuse  matter  or  offal. 
Any  person  violating  any  of  the  provisions  of  this 
section  shall  be  fined  not  less  than  five  nor  more  than 
twenty-five  dollars  for  each  offense. 

569 


§1132.  Sick  or  Diseased  Cows.  (Sec.  161)  If 
any  cows  l)e  sick  or  diseased,  the  owner  or  person  in 
charge  tliereof  shall  not  sell  nor  offer  for  sale  any 
milk  or  cream  therefrom,  hut  shall  at  once  destroy 
such  milk  or  cream. 

§1133.  Calving.  (Sec.  162)  No  person  shall  sell, 
oiler  or  keep  for  sale,  any  milk  or  cream  which  is 
from  a cow  during  a period  of  thirty  days  just  be- 
fore or  ten  days  after  calving.  Any  person  violating 
any  of  the  provisions  of  sections  161  and  162  shall  be 
fined  not  less  than  five  nor  more  than  twenty-five 
dollars  for  each  offense.  [Ord.  No.  730,  passed  Apr. 
3,  1907,  as  amended  by  Ord.  No.  891,  passed  Feb.  5, 
1913.] 

§1134.  Tuberculin-Tested  Cows.  Report  and 
Certificate  of  Health.  (Sec.  2)  No  milk  or  skimmed- 
milk  shall  be  sold  or  offered  for  sale  in  Col 
orado  Springs  except  from  cows  that  have  been 
tuberculin-tested  and  passed  at  least  once  every  six 
months  by  a licensed  veterinary  in  a manner  ap- 
proved by  the  department  of  pnl)lic  health  and  sani- 
tation, unless  on  the  last  previous  test  no  tubercu- 
losis was  ])resent  in  the  herd  or  in  the  herds  from 
which  new  cows  were  obtained,  in  which  event  the 
test  may  be  postponed  an  additional  six  months. 

No  cream,  butter  or  buttermilk  shall  be  sold  or 
offered  for  sale  in  Colorado  Springs  except  from 
cows  that  have  been  tuber culin-tested  and  passed  by 
a licensed  veterinary,  as  provided  in  the  preceding 
paragraph,  unless  the  cream  has  been  pasteurized  in 
a manner  satisfactory  to  the  department  of  pulhic 
health  and  sanitation.  The  veterinary  shall  furnish 
the  owner  a certificate  of  health  for  all  cows  so 
tuberculin-tested  and  passed  by  him.  If  any  cow  or 
cows  are  found  to  be  affected  with  tuberculosis  the 
veterinary  shall  report  the  fact  to  the  state  board  of 

570 


stock  iiis])ectioii  coiiiinissioiiers,  and  lie  shall  also 
hie  ill  writing-  with  the  department  of  public  health 
and  sanitation  of  this  city,  within  hve  days  after 
such  inspection  a full  report  on  blanks  furnished  by 
said  department  of  the  result  of  all  such  tests.  [Ord. 
No.  765,  passed  Dec.  28,  1908,  as  amended  by  Ord. 
No.  932,  passed  Dec.  17,  1913.] 

§1135.  Application.  (Sec.  3)  No  person  shall 
sell  or  offer  for  sale  or  cause  to  he  sold,  any  milk, 
skimmed-milk,  cream  or  buttermilk  for  human  food, 
the  same  being-  entirely  of  his  own  production,  in  the 
city  of  Colorado  Springs,  without  making  an  appli- 
cation to  the  health  department  for  inspection,  and 
receiving  a permit  to  sell.  Such  application  shall  be 
made  upon  a printed  form  to  he  furnished  by  the 
health  department  and  such  applicant,  if  an  individ- 
ual, shall  state  therein  his  full  name  and  residence, 
and  if  a corporation,  shall  state  the  full  name  and 
residence  of  each  of  its  officers.  Such  application 
shall  also  state  the  location  of  the  place  where  the 
business  of  the  applicant  is  carried  on.  It  shall  also 
state  the  number  of  cows  owned  and  controlled  by 
the  applicant.  Upon  such  application  being  filed 
with  the  health  department,  the  food  inspector  shall 
investigate  the  place  of  business  described  in  such 
application  and  report  the  result  of  such  investiga- 
tion to  the  health  officer,  and  if  such  place  of  busi- 
ness is  found  to  be  in  a sanitary  condition,  a certifi- 
cate permitting  the  sale  of  milk,  skimmed-milk, 
cream  or  buttermilk  shall  be  issued  by  the  health  of- 
ficer. All  permits  issued  under  this  section  shall 
expire  on  the  ‘31st  day  of  December  next  after  the 
issue  thereof. 

§1136.  Penalty  for  Violation.  (Sec.  4)  Any 
person  violating  any  of  the  provisions  of  this  ordi- 
nance shall  be  fined  not  less  than  five  nor  more  than 

571 


one  hundred  dollars  for  each  offense.  [Ord.  No. 
7()5,  passed  Dec.  28, 1908.] 

§1137.  Permit  Examination  of  Cows.  (Sec.  164) 
All  persons  owning  cows,  the  milk  of  which  is  sold 
or  offered  for  sale  in  this  city,  shall  permit  the  exam- 
ination of  such  cows  by  a qualified  veterinary 
surgeon  designated  by  the  health  officer  at  such 
times  and  in  such  manner  as  it  shall  determine.  Any 
])erson  violating  any  of  the  provisions  of  this  sec- 
tion shall  he  fined  not  less  than  five  nor  more  than 
twenty-five  dollars  for  each  offense.  [Ord.  No.  730, 
})assed  Apr.  3,  1907.] 

§1138.  Keeping  Dairy  Cows  In  City.  Permit. 

(Sec.  1)  That  no  person  or  corporation  shall  keep 
and  maintain  more  than  two  cows  for  dairy  pur- 
])oses  upon  his  or  its  premises  within  the  corporate 
limits  of  the  city  of  Colorado  Springs;  provided, 
however,  that  the  hoard  of  health  of  said  city,  upon 
proper  cause  shown,  and  upon  it  being  made  to  ap- 
pear to  the  satisfaction  of  said  board  that  the  keep- 
ing and  maintaining  of  a larger  number  of  cows  by 
any  such  person  or  corporation  will  not  create  a 
nuisance,  and  will  not  be  injurious  to  the  health  of 
the  inhabitants  of  the  city,  nor  unduly  offensive  to 
said  inhabitants,  may  issue  a permit  to  any  such 
person  or  corporation  for  the  keeping  and  maintain- 
ing upon  their  premises  of  a larger  number  of  cows 
than  two  for  the  purpose  aforesaid,  which  permit 
shall  specify  the  additional  number  of  cows  for 
which  permission  is  granted,  and  the  place  where 
the  same  are  to  be  kept  and  maintained.  And  said 
pennit  may  be  modified  or  rescinded  at  any  time  by 
said  board  of  health  whenever  the  public  interests 
shall,  in  the  judgment  of  said  board,  so  require,  and 
after  due  notice  to  the  person  or  corporation  to  be 
affected  thereby,  and  after  an  opportunity  to  said 


572 


])erson  or  corporation  has  been  given  to  be  heard 
before  said  board.  All  notices  required  by  this 
ordinance  shall  be  served  by  an  employe  of  the  health 
department.  [Ord.  No.  319,  passed  Sept.  16,  1889, 
as  amended  by  Ord.  No.  893,  passed  Jan.  29,  1913.] 

§1139.  Penalty.  (Sec.  2)  Any  person  or  cor- 
poration who  shall  offend  against  any  of  the  pro- 
visions of  this  ordinance  shall  be  liable  to  pay  a fine 
of  not  more  than  one  dollar  per  day  for  each  animal 
so  kept  by  him  or  it,  for  each  day  after  notice  from 
the  board  of  health  requiring  compliance  with  the 
provisions  of  this  ordinance.  [Ord.  No.  319,  passed 
Sept.  16,  1889.] 


ARTICLE  4. 

OF  MEAT,  MEAT  MARKETS,  SLAUGHTER 
HOUSES,  AND  ANIMALS  INTENDED 
FOR  FOOD. 

§1140.  Market  Regulations.  (Sec.  169)  No 
meat  shall  be  sold  nor  offered  for  sale  within  this 
city  without  first  having  been  inspected  and  ap- 
proved by  the  health  department.  No  person  shall 
kill  or  dress  any  animal  or  meat  in  any  market  or 
store  nor  have  permit  to  escape  therein,  or  with- 
in 100  feet  thereof,  any  poisonous,  noxious  or  offen- 
sive substance.  No  cased,  blown,  plaited, . raised, 
stuffed,  putrid,  impure  or  unhealthy  or  unwholesome 
meat  or  fish,  bird  or  fowl  shall  be  held,  bought  or 
sold,  or  offered  for  sale  for  human  food,  or  held  or 
kept  in  any  market  or  any  place  in  this  city.  No 
calf,  pig  or  lamb,  nor  the  meat  thereof,  shall  be 
bought,  sold  or  offered  for  sale  for  food  in  this  city 
which,  being  a calf,  was,  when  killed,  less  than  four 

573 


weeks  old,  and  when  dressed  shall  weigh  less  than 
seventy-tive  pounds,  or,  being  a pig,  was,  when 
killed,  less  than  five  weeks  old;  or,  being  a lamb, 
was,  when  killed,  less  than  eight  weeks  old.  No 
meager,  sickly  or  unwholesome  fish,  bird  or  other 
fowl,  or  other  food  animal,  shall  be  bought  or  sold, 
or  offered  for  sale  as  food  in  the  city.  No  meat  or 
dead  animal  above  the  size  of  a rabbit  shall  be  taken 
to  any  market  or  store  until  the  same  shall  have 
fully  cooled  and  all  blood  shall  have  ceased  dripping 
therefrom,  nor  until  the  entrails  have  been  removed, 
nor  shall  giitfat  or  any  unwholesome  matter  or  thing 
be  brought  to  or  near  any  such  market.  No  meat 
shall  be  sold  for  foodstuff's  in  the  city  when  the  same 
has  been  fed  upon  garbage,  swill,  carrion,  offal  or 
dead  animals.  Any  person  violating  any  of  the  pro- 
visions of  this  section  shall  be  fined  not  less  than 
five  nor  more  than  one  hundred  dollars  for  each 
offense. 

§1141.  Sanitary  Regulations.  (Sec.  170)  The 

keeping  and  slaughtering  of  all  cattle  and  other  ani- 
mals and  the  pre])aration  and  keeping  of  all  meat 
and  fish,  birds  and  fowl  shall  be  in  that  manner 
which  is  best  adapted  to  secure  and  continue  their 
safety  and  wholesomeness  as  food.  No  slaughter- 
ing, tanking  nor  rendering  shall  be  permitted  within 
this  city  nbr  within  one  mile  of  the  limits  thereof 
without  permit  from  the  health  department,  and  all 
slaughter  houses  shall  comply  with  the  following  re- 
quirements. No  slaughtering  shall  be  done  in  barns, 
sheds  or  other  buildings  not  designed  and  not  suitable 
for  slaughtering  animals  and  for  the  handling,  dress- 
ing and  cooling  of  meats,  nor  shall  any  slaughtering 
be  done  outside  of  a building.  All  slaughter  houses 
shall  have  an  abundant  supply  of  water  from  a well 
or  other  source  which  is  not  contaminated  and  which 
may  be  applied  with  adequate  pressure  through  a 

574 


]iose  to  any  part  of  the  room  or  rooms  used  for  the 
slaughtering  or  preparing  meats  for  consumption 
as  human  food.  All  slaughter  houses  shall  have 
suitable  floors  and  subdrainage  with  proper  sewer 
connections,  which  floors  shall  be  thoroughly  washed 
oft  each  day  after  the  slaughtering  is  completed. 
The  walls  and  all  exposed  surfaces  on  the  inside  of 
slaughter  houses  shall  be  cleansed  by  washing  or 
scraping  as  often  as  once  in  each  month,  and  if  the 
surfaces  are  not  painted  they  shall  be  calcimined  or 
whitewashed  at  least  once  a month.  Cooling  and 
storerooms  for  meat  shall  be  properly  ventilated. 
All  olfal  and  refuse  shall  be  removed  from  the 
slaughter  house  on  the  day  of  slaughtering,  and  dis 
posed  of  in  a decent  and  sanitary  manner.  All  ani- 
mals kept  in  yards  attached  to  slaughter  houses 
shall  be  treated  in  a humane  manner,  and  if  kept 
there  over  twelve  hours,  shall  be  fed  and  watered. 
All  pens  or  enclosures  connected  with  any  slaughter 
house  shall  be  kept  in  a proper  sanitary  condition. 
All  slaughter  houses  from  which  meat  is  brought 
into  this  city  that  are  not  under  government  inspec- 
tion, shall  be  under  direct  supervision  of  the  health 
department.  All  inspections  shall  be  made  under 
the  rules  and  regulations  as  laid  down  by  the  United 
States  department  of  agriculture  and  the  rules 
and  regulations  of  the  health  department.  The  in- 
spector shall  condemn  and  destroy,  as  provided  in 
said  regulations,  all  carcasses  or  parts  of  carcasses 
found,  upon  inspection,  to  be  unfit  for  food.  No 
slaughtering  shall  be  done  in  the  absence  of  the  in- 
spector, or  unless  due  notice  is  given  the  health  de- 
partment, and  permission  granted.  An  ante-mortem 
and  post-mortem  examination  shall  be  made  of  all 
animals  slaughtered  for  food.  The  inspector  shall 
be  treated  in  a courteous  manner,  and  any  violation 
of  the  rules  and  regulations  shall  be  the  cause  for 
the  withdrawal  of  inspection  from  that  place.  The 

575 


iiisi)ector  sliall  direct  such  disposition  of  all  carcasses 
as  he  shall  deem  proper.  The  owner,  keeper  or 
person  in  control  of  any  animal  in  this  city  which  is 
diseased,  shall  inform  the  health  department  that 
such  animal  is  diseased  and  of  the  place  where  it  is 
ke])t,  immediately  upon  such  animal  becoming' 
diseased  or  being  brought  into  the  city,  and  shall 
dispose  of  such  animal  as  the  health  department 
shall  direct.  Every  dealer  in  meats  shall  cause  such 
market  or  place  where  such  meats  are  kept  or 
offered  for  sale,  to  be  thoroughly  cleansed  and 
purified  at  least  once  in  every  twenty-four  hours. 
No  dealer  in  meats  shall  keep  any  refrigerator  or 
ice  box  unless  the  same  shall  be  lined  with  lead  or 
some  proper  substance,  so  as  to  be  watertight,  nor 
unless  the  same  be  provided  with  a pipe  of  lead,  zinc 
or  copper  leading  therefrom  to  the  proper  waste 
pipe,  and  no  refrigerators  shall  be  directly  con- 
nected with  any  sewer.  Any  person  violating  any 
of  the  provisions  of  this  section  shall  be  fined  not 
less  than  five  nor  more  than  one  hundred  dollars  for 
each  offense.  [Ord.  No.  730,  passed  Apr.  3,  1907.] 

§1142.  Poultry.  Coops  and  Crates.  Sanitary 
and  Humane  Regulations.  (Sec.  1)  All  coops,  crates 
or  cages  in  which  fowls  or  poultry  are  received  for 
transportation  or  are  kept  confined  or  exposed  for 
sale  on  wagons  or  • stands,  or  by  the  owners  of 
grocery  stores,  commission  houses  or  other  market 
houses  or  by  other  persons,  shall  be  sufficiently  high 
so  that  fowls  or  other  birds  confined  therein  can 
stand  erect  and  hold  their  heads  upright  without 
touching  the  top.  Such  coops,  crates  or  cages  shall 
be  made  of  open  slats  or  wire  on  at  least  three  sides, 
and  shall  have  troughs  or  other  receptacles  easy  of 
access  at  all  times  by  the  birds  confined  therein, 
but  so  placed  that  their  contents  can  not  be  be- 
fouled by  them,  in  which  troughs  shall  be  con- 

57fi 


staiitly  kept  clean  water  and  suitable  food.  Such 
coops,  crates  or  cages  shall  be  kept  in  a clean  and 
wholesome  condition.  Fowls  or  other  birds  con- 
fined therein  shall  not  be  overcrowded,  * but  shall 
have  room  to  move  about,  and  shall  not  be  exposed 
to  undue  heat  or  cold.  Dead,  injured  or  diseased 
fowls  shall  be  at  once  removed.  Whenever  live 
fowls  or  poultry  shall  be  received  for  sale  or  storage 
they  shall  immediately  be  transferred  to  such  coops, 
crates  or  cages  as  are  herein  described.  Any  person 
violating  any  of  the  provisions  of  this  ordinance 
shall  be  fined  not  less  than  $5  nor  more  than  $50  for 
each  offense.  [Ord.  No.  639,  passed  May  18,  1903.] 


ARTICLE  5. 

OF  UNWHOLESOME,  ADULTERATED  OR  CON^ 
TAMINATED  FOOD,  DRUGS  AND  LIQUIDS. 

§1143.  Impure  or  Adulterated  Water,  Drugs  or 
Food.  (Sec.  171)  No  person  shall  keep  or  offer  for 
sale  or  exchang’^,  or  shall  sell  or  deliver  or  expose 
for  sale,  any  drugs  not  conforming  to  the  United 
States  Pharmacopeia,  or  any  water,  liquids  or  food 
which  shall  be  impure,  unwholesome,  adulterated  or 
to  which  any  harmful  or  injurious  foreign  substance 
has  been  added.  Any  person  violating  any  of  the 
provisions  of  this  section  shall  be  fined  not  less  than 
five  nor  more  than  one  hundred  dollars  for  each 
offense. 

§1144.  Food  Condemned.  Power  of  Entry. 

(Sec.  172)  Every  person  being  the  owner,  lessee  or 
occupant  of  any  room  or  place  other  than^a  private 
dwelling,  where  any  meat,  fish,  poultry,  game 
vegetables,  fruit  or  other  perishable  articles  adapted 

577 


or  designed  to  be  used  for  human  food,  shall  be 
stored  or  kept  temporarily  or  otherwise,  and  every 
person  having  charge  of,  or  being  interested  or  en- 
gaged in  the  care  of  or  in  respect  to  the  custody 
or  sale  of  any  such  article  of  food  supply,  shall  put, 
preserve  and  keep  such  article  in  a clean  and  whole- 
some condition  and  shall  not  allow  the  same,  or  any 
part  thereof,  to  become  putrid,  decayed,  poisoned, 
infected  or  in  any  other  manner  rendered  or  made 
unsafe  or  unwholesome  for  human  food.  And  it 
shall  be  the  duty  of  health  department  and  its 
authorized  employes  to  enter  any  and  all  such 
premises  above  specified  at  any  time  of  any  day  and 
forthwith  to  condemn,  seize  and  destroy  any  such 
putrid,  decayed,  poisoned  or  infected  food  which 
may  be  found  in  or  upon  said  premises.  Any  person 
who  refuses  or  obstructs  the  entry  into  any  build- 
ing, premises  or  place,  of  any  officer  of  the  health  de- 
partment in  the  performance  of  his  duties,  or  who 
interferes  with  the  confiscation  or  destruction  of 
any  infected,  decayed  or  unwholesome  articles  of 
food,  shall  be  fined  not  less  than  twenty-five  nor 
more  than  one  hundred  dollars  for  each  offense. 

§1145.  Unwholesome  Food.  (Sec.  173)  No 
person  shall  expose  for  sale  in  this  city  any  diseased, 
emaciated,  tainted  or  putrid  meat  or  provisions 
which  from  these  or  other  causes  may  be  deemed 
unwholesome.  No  person  shall  offer  for  sale  for 
human  food  within  this  city,  the  meat  of  any  animal 
killed  while  such  animal  was  in  an  overheated, 
feverish  or  diseased  condition.  No  person  shall 
bring,  or  cause  to  be  brought,  into  the  city,  or  sell 
or  offer  for  sale  for  human  food,  any  decayed  or  un- 
wholesome fruit,  vegetables  or  berries,  intended  to 
be  sold  or  offered  for  sale  as  human  food,  nor  keep 
or  store  any  decayed  or  unwholesome  fruit,  veget- 
ables or  berries.  It  shall  be  the  duty  of  the  health 

578 


department,  having  knowledge  of  such  fact,  forth- 
with to  seize  and  destroy  all  such  meat  and  pro- 
visions, fruit,  vegetables  or  berries.  Any  person 
violating  any  of  the  provisions  of  this  section  shall 
be  fined  not  less  than  five  nor  more  than  twenty-five 
dollars  for  each  offense. 

§1146.  Duty  of  Individuals.  (Sec.  174)  It  shall 
be  the  duty  of  every  person  knowing  of  any  fish, 
meat,  fowls,  birds  or  vegetables  being  bought,  sold 
or  offered  for  sale  as  human  food  in  this  city,  which 
is  not  sound,  healthy  or  wholesome  for  such  food, 
forthwith  to  report  such  facts  and  the  particulars 
relating  thereto  to  the  health  department. 

§1147.  Vinegar.  (Sec.  175)  No  person  shall 
sell  or  offer  for  sale  within  this  city  any  apple, 
orchard  or  cider  vinegar  which  is  not  the  legitimate 
product  of  pure  apple  juice,  known  as  apple  cider. 
All  vinegar  made  by  fermentation  shall  be  branded 
^‘fermented  vinegar,’’  with  the  name  of  the  fruit  or 
substance  from  which  the  same  is  made,  and  shall 
be  free  from  foreign  substance  and  contain  not  less 
than  2 per  cent  of  solids  of  the  fruit  or  grain  from 
which  the  same  was  made,  and  shall  not  contain  any 
preparation  of  lead,  copper,  sulphuric  acid  or  any 
ingredient  injurious  to  health.  Any  person  violat- 
ing any  of  the  provisions  of  this  section  shall  be 
fined  not  less  than  five  nor  more  than  fifty  dollars 
for  each  otfense. 

§1148.  Misrepresentation.  (Sec.  176)  No  meat, 
fish,  fruit,  vegetables,  berries  or  other  articles  of 
human  food  or  drink  shall  knowingly  be  bought, 
sold,  held,  offered  for  sale,  labeled  or  any  representa- 
tion made  in  respect  thereof,  under  a false  name  or 
quality,  or  under  any  false  representation  whatever, 
respecting 'its  or  their  wholesomeness,  soundness  or 
safety  for  food  and  drink.  Any  person  violating 

579 


any  of  the  provisions  of  this  section  shall  be  fined 
not  less  than  five  nor  more  than  one  hundred  dollars 
for  each  offense. 

§1149.  Bread.  Quality.  Weight.  (Sec.  59)  All 

bread  and  other  bakestuffs  baked,  offered  or  ex- 
posed for  sale  in  this  city,  shall  be  made  of  good 
wholesome  flour  or  meal  and  all  the  materials  used 
therein  shall  be  pure.  All  bread  shall  be  made  into 
loaves  of  one  or  two  pounds  avoirdupois.  If  any 
person  shall  make  or  sell  or  offer  or  procure  to  be 
sold,  any  bread  or  other  bakestuffs  of  any  other  than 
wholesome  flour  or  meal  or  pure  materials,  or  shall 
sell  or  expose  for  sale  any  bread  or  other  bakestuffs 
contrary  to  the  provisions  of  this  chapter,  he  shall 
be  fined  not  less  than  three  nor  more  than  twenty 
dollars  for  each  offense. 

§1150.  Food  Inspector.  (See.  60)  The  food 
inspector  shall  be  the  inspector  of  bread  and  other 
bakestuffs  and  it  shall  be  lawful  for  him  to  enter, 
during  working  hours,  any  house,  store,  shop,  bake- 
house warehouse  or  other  building  or  premises 
where  any  bread  or  other  bakestuffs  is  baked,  stored 
or  deposited  or  kept  or  offered  for  sale,  and  to  view, 
try  and  weigh  all  or  any  bread  or  other  bakestuffs 
that  shall  be  there  found;  and  if  there  shall  be  found 
any  bread  or  other  bakestuffs  made  in  violation  of 
the  provisions  of  this  chapter,  he  may  seize  any 
such  bread  or  other  bakestuffs  and  take  the  same 
immediately  to  the  office  of  the  chief  of  police, 
where  it  shall  be  deposited  and  kept  to  be  used  on 
the  trial  of  the  person  charged  with  the  violation 
of  the  provisions  of  this  chapter. 

§1151.  Biscuits.  Buns.  (Sec.  61)  The  pro- 
visions of  this  chapter  except  as  to  weight,  shall 
apply  to  all  biscuits,  buns,  rolls  or  fancy  breads 


580 


baked  or  exposed  for  sale  in  the  city.  [Ord.  No.  730, 
passed  Apr.  3,  1907.] 

§1152.  Food  Products  Must  Be  Covered  When 
Transported,  (feec.  1)  No  person,  firm,  corporation 
or  association  shall  transport  over  any  street,  ave- 
nue or  alley  in  the  city,  any  food  products  intended 
for  sale  unless  such  products  are  wrapped  or  covered 
so  as  to  protect  them  from  dust  and  insects,  pro- 
vided, that  it  shall  not  be  necessary  to  wrap  or  cover 
food  products  which  have  upon  them  a skin  or  other 
outer  covering  which  must  be  removed  before  they 
are  fit  for  consumption. 

§1153.  Food  Products,  Fruit,  Confectionery, 
Etc.  Must  Be  Covered  When  Exposed  for  Sale. 

(Sec.  2)  No  person,  firm,  corporation  or  association 
shall  display  any  food  products  for  sale  on  any  side- 
walk, or  in  any  uninclosed  store,  shop,  stand  or 
market  unless  such  products  are  in  a showcase  or 
other  similar  device,  or  are  covered  in  such  manner 
as  to  etfectually  protect  the  products  from  flies,  dust 
or  other  contaminating  agencies;  provided,  that 
there  shall  be  excepted  from  the  above  provision 
food  products  which  have  upon  them  a skin  or  other 
outer  covering  which  must  be  removed  before  they 
are  fit  for  consumption.  Confectionery,  dates,  figs, 
dried  fruit,  and  such  other  fruit  as  is  liable  to  carry 
contamination  to  the  consumer,  meat,  butter,  cheese, 
bakery  products,  and>  all  other  similar  products, 
shall  be  screened  or  covered  to  effectively  protect 
them  from  contamination  or  damage  by  flies, 
vermin,  or  dust,  when  exposed  for  sale  or  display. 
No  food  products  or  fruits  shall  be  displayed  within 
eighteen  inches  of  the  floor,  sidewalk,  platform  or 
ground. 

§1154.  Sorting,  Cleaning  Fruits  and  Vegetables 
Prohibited  on  Streets  and  Alleys.  (Sec.  3)  No  per- 

581  - 


son,  firm,  corporation  or  association  shall  sort,  or 
clean,  any  fruit  or  vegetables  on  any  of  the  streets, 
avenues  or  alleys  of  this  city,  or  on  any  public  park 
or  ground  belonging  to  the  city. 

§1155.  Penalty.  (8ec.  4)  Any  person,  tirm^ 
corporation  or  association  violating  any  of  the  pro- 
visions of  this  ordinance  shall,  on  conviction,  be 
fined  not  less  than  $3  nor  more  than  $100.  Each 
day  that  any  of  the  provisions  of  this  ordinance  shall 
continue  to  be  violated  shall  constitute  a separate 
offense,  and  shall  be  punished  accordingly.  [Ord. 
No.  852,  passed  Aug.  23,  1911.] 


ARTICLE  6. 

OF  THE  INSPECTION  AND  SALE  OF  ICE. 

§1156.  Vendors’  License.  (Sec.  165)  Every 
person  desiring  to  engage  in  the  business  of  selling 
ice  within  this  city  shall,  before  engaging  in  such 
business,  file  a written  application  with  the  health 
department  for  a license  therefor,  stating  in  such 
application  the  name  of  the  applicant,  whether  the 
ice  is  manufactured  and,  if  not,  where  the  same  is  to 
l)e  or  has  been  cut  or  gathered,  and  the  number  of 
wagons  or  vehicles  intended  to  be  used  by  such  ap- 
plicant for  the  delivery  thereof.  Such  application 
shall  be  verified  by  the  oath  of  the  applicant;  if  the 
applicant  is  a corporation,  by  the  oath  of  some 
officer  thereof.  Upon  so  doing,  and  the  payment  of 
a fee  of  one  dollar  for  each  wagon  or  other  vehicle 
intended  to  be  used  by  such  applicant  for  the  de- 
livery of  ice,  a license  may  be  granted  to  such  ap- 
idicant.  All  licenses  granted  under  this  section 
shall,  unless  sooner  suspended  or  revoked,  expire 

582 


on  the  olst  day  of  Deceinl)er  next  after  the  issue 
thereof. 

§1157.  Impure  Ice.  (Sec.  166)  All  ice  sold  or 
delivered  within  this  city  for  domestic  use  shall  be 
pure  and  free  from  matter  deleterious  to  health,  and 
such  ice  is  hereby  defined  to  be  ice  which,  upon 
chemical  bacteriological  examination,  shall  be  found 
to  be  free  from  nitrites  and  pathogenic  bacteria, 
and  not  to  contain  more  than  5-1000  of  1 ]3art  of  free 
ammonia  and  5-1000  of  1 part  of  albuminoid  am- 
monia in  100,000  parts. 

§1158.  Duty  of  Health  Officer.  (Sec.  167)  It 
shall  be  the  duty  of  the  health  officer  to  examine  or 
cause  to  be  examined  ice  offered  for  sale  within  this 
city,  and  the  places  where  ice  is  manufactured, 
stored  and  kept,  and  the  wagons  or  other  vehicles 
from  which  it  is  sold  or  delivered,  to  ascertain 
whether  such  ice  is  pure  and  free  from  matter  hurt- 
ful to  health  according  to  said  standard. 

§1159.  Weighing  of  Ice  When  Sold.  (Sec.  168) 
Every  person  selling  ice  or  offering  ice  for  sale 
shall,  at  the  time  of  delivery,  if  requested  so  to  do 
by  the  purchaser,  his  agent  oj-  servant,  weigh  the 
quantity  of  ice  delivered  and  for  that  purpose  shall 
be  provided  with  scales  or  other  apparatus  for 
weighing  such  ice,  which  shall  have  been  duly  ad- 
justed by  the  inspector  of  weights  and  measures.  All 
ice  sold  within  this  city  shall  be  sold  by  avoirdupois 
weight  unless  it  is  otherwise  especially  agreed  upon 
between  the  buyer  and  seller.  Any  person  violating 
any  of  the  provisions  of  this  article  shall  be  fined 
not  less  than  five  nor  more  than  twenty-five  dollars 
for  each  offense.  [Ord.  No.  730,  passed  Apr.  3,  1907, 
as  amended  by  Ord.  No.  894,  passed  Feb.  5,  1913.] 


583 


ARTICLE  7. 

RELAT1N(}  TO  PUBLIC  MARKETS. 


§1160.  Lease  of  Certain  Lots.  Public  Market 
Established.  (See.  1)  The  board  of  health  is  hereby 
authorized  to  secure  a lease  upon  the  following 
described  real  estate  to-wit:  the  east  100  feet  of  the 
south  7 feet  of  lot  7 and  the  east  100  feet  of  lots 
numbered  8,  0,  10,  11,  12,  13  and  11,  all  in  block  No. 
101  of  the  original  townsite  of  Colorado  Springs, 
Colorado.  Upon  the  acceptance  and  approval  of 
said  lease  by  the  city  council  the  above  described 
grounds  shall  be  and  liereby  are  established, 
designated  and  set  apart  as  a ])ublic  market. 

§1161.  Market  Master.  Make  Rules.  (Sec.  2) 

The  market  master  of  this  city  shall  have  general 
custody  and  control  over  the  public  market,  subject 
to  the  supervision  of  the  board  of  health  and  the 
public  grounds  and  building  committee,  who  shall 
make  such  rules  and  regulations  as  may  be  deemed 
necessr.ry,  and  shall  cause  the  same  to  be  con- 
spicuously displayed  in  and  about  the  market  and 
grounds. 

§1162.  Collect  Fees.  Pay  Over  to  Treasurer. 
Monthly  Statements.  (Sec.  3)  It  shall  be  the  duty 
of  the  market  master  to  collect  all  fees,  emoluments 
and  perquisites  of  any  kind  due  the  city  from  the 
market  and  pay  the  same  over  to  the  city  treasurer 
every  Monday  morning.  At  the  close  of  each  month 
he  shall  make  du])licate  sworn  statements  in  detail 
of  his  doings,  one  of  which  shall  be  filed  with  the 
auditor,  with  the  treasurer’s  receipt  thereto  at- 
tached, and  the  other  shall  l)e  filed  witli  the  mayor. 

§1163.  Penalty.  (Sec.  4)  Any  person  who  shall 
violate  any  of  the  provisions  of  this  ordinance,  or 
any  of  the  rules  and  regulations  of  the  board  of 

584 


health  hereinbefore  referred  to  shall  upon  convic- 
tion be  fined  in  a sum  not  less  than  one  nor  inore 
than  fifty  dollars  for  each  offense.  [Ord.  No.  658, 
passed  Oct.  19,  1903.] 


ARTICLE  8. 

OF  THE  INSPECTOR  AND  INSPECTION  OF 
AVEIGHTS  AND  MEASURES. 

§1164.  Food  Inspector  To  Be  Inspector  and 
Sealer  of  Weights  and  Measures.  Duties.  (Sec.  365) 
The  food  inspector  shall  be  the  inspector  and  sealer 
of  weights  and  measures.  He  shall  inspect  and  ex- 
amine all  weights,  measures,  scale  beams,  joatent 
balances,  steelyards  arid  other  instruments  and  ap- 
pliances used  in  the  city  for  weighing  and  measur- 
ing, at  least  once  in  each  year,  except  track  scales 
and  scales  of  capacity  of  more  than  three  tons, 
which  he  shall  inspect  at  least  once  in  each  six 
months;  he  shall  stamp  or  seal,  with  a suitable  seal, 
all  weights,  measures  and  scales  which  he  shall  find 
accurate  and  shall  deliver  to  the  owner  thereof  a 
certificate  of  their  accuracy.  He  shall  keep  a record 
of  all  weights,  measures,  scale  beams,  patent  bal- 
ances, steelyards,  and  other  instruments  used  for 
weighing,  inspected  and  sealed  by  him,  in  which  he 
shall  state  the  location  and  the  names  of  the  owners 
of  same  and  whether  they  are  conformable  to  the 
standard  of  the  state.  He  shall  report  forthwith  to 
the  attorney  the  names  and  places  of  business  of  all 
persons  violating  any  of  the  provisions  of  this  chap- 
ter. 

§1165.  Inspector  Not  to  Vend.  (Sec.  366)  It 
shall  not  be  lawful  for  the  said  inspector  to  vend  any 

585 


wei^'lits,  measures,  seale  l)eams,  {patent  balances, 
steelyards,  or  otlier  instrument  to  be  used  for  weigh- 
ing- or  offer  or  expose  the  same  for  sale  or  be  inter- 
ested directly  or  indirectly  in  the  sale  of  the  same, 
under  a ])enalty  of  fifty  dollars  for  every  such  offense. 

§1166.  Inspection.  Condemnation.  Adjust- 
ment. Seizure.  (Sec.  367)  The  inspector  shall  ex- 
amine and  inspect  and  seal  all  weights,  measures, 
scale  beams,  patent  balances,  steelyards  and  other 
instruments  used  for  weighing  at  stores  and  places 
where  the  same  may  be  used;  but,  in  case  they,  or 
any  of  them,  shall  not  be  conformable  to  the  stand- 
ard of  the  state,  they  shall  be  marked  ‘^condemned,’’ 
and  the  owner  thereof  shall,  within  ten  days  there- 
after, have  the  same  properly  adjusted  and  sealed, 
under  a penalty  of  not  more  than  ten  dollars,  and  the 
inspector  may,  at  any  time  after  the  expiration  of 
the  time  aforesaid,  seize  and  destroy  any  and  all 
such  condemned  weights,  measures,  scale  beams, 
patent  balances,  steelyards  and  other  instruments 
used  for  weighing  and  measuring  found  in  use. 

§1167.  Fees.  Limitations.  (Sec.  368)  It  shall 
not  be  lawful  for  the  inspector  to  make  charges  for 
inspecting  and  examining  weights,  measures,  scale 
beams,  patent  balances,  steelyards  or  other  instru- 
ments used  for  weighing. 

§1168.  Official  Standard  of  Weights  and  Mea- 
sures. (Sec.  369)  The  inspector  shall  be  supplied 
with  correct  and  api>roved  standards  of  weights  and 
measures,  of  the  standard  adopte,d  by  the  state  of 
Colorado. 

§1169.  Inspection  Obligatory.  (Sec.  370)  Every 
person  using  weights,  measures,  scale  beams,  patent 
balances,  steelyards,  or  any  instrument  in  weighing 
or  measuring  anv  article  intended  to  be  ])urchased 

586 


or  sold  ill  the  city;  or  in  weighing-  any  person  or 
animals  for  ])ay,  shall  cause  the  same  to  be  inspected 
and  sealed  by  the  inspector  in  accordance  with  the 
provisions  of  this  chapter. 

§1170.  Peddlers.  (Sec.  371)  All  itinerant  ped- 
dlers using  scales,  balances,  weights  or  measures 
shall  take  the  same  to  the  office  of  the  inspector, 
before  any  use  is  made  thereof,  and  have  the  same 
sealed  and  adjusted,  and  any  such  person  failing  to 
comply  with  the  provision  of  this  section  shall  be 
fined  not  less  than  five  nor  more  than  twenty-five 
dollars  for  each  offense,  and  every  day  such  person 
shall  use  such  scales,  balances,  weights  or  measures 
without  having  the  same  adjusted  and  sealed  as 
hereinbefore  provided  shall  constitute  a separate 
and  distinct  offense. 

§1171.  Deceit  or  Fraud  in  Regard  to  Measure- 
ment or  Weight.  (Sec.  372)  No  person  shall  practice 
deceit  or  fraud  of  any  kind  whatsoever  in  the  sale 
of  wood,  coal,  grain,  berries,  fruit,  vegetables,  liquids 
or  fluids  of  any  kind,  or  any  other  commodity  or 
modity  or  article  of  merchandise  of  any  kind  what- 
article  of  merchandise,  whether  sold  by  dry  or  liquid 
measurement,  by  selling  or  offering  for  sale  any  com- 
soever  in  quantities  of  less  weight  or  measure  than 
the  weight  or  measure  represented  by  him,  his  agent 
or  employe  upon  such  sale  or  otfer  of  sale,  and  no 
person  shall  sell  or  otfer  for  sale  any  article  of  dry 
measurement  in  other  than  a legal  dry  measure  or 
any  article  of  liquid  measurement  in  other  than  a 
legal  liquid  measure,  or  in  any  measure  which  has 
not  been  inspected  and  sealed  by  the  inspector  in 
accordance  with  the  provisions  of  this  chapter.  No 
package  containing  butter,  butterine  or  oleomarg- 
arine shall  be  sold  or  offered  for  sale  in  this  city, 
the  net  weight  of  the  contents  of  which  is  less  than 
sixteen  ounces  to  the  so-called  pound  package. 

587 


§1172.  Dairy  Products.  (Sec.  373)  All  milk 
vessels,  whether  cans,  bottles,  glasses  or  measures, 
used  in  the  sale  or  offering  for  sale  of  milk, 
skimmed-milk,  cream  or  buttermilk,  shall  be  in- 
spected once  each  year,  and  if  found  correct  they 
shall  be  duly  marked  and  a certificate  of  approval 
given,  and  if  incorrect  they  shall  be  condemned  and 
a written  notice  given  to  the  owner  thereof.  Any 
person  using  any  condemned  vessel  in  the  sale  or 
offering  for  sale  of  any  of  said  products  shall  be 
fined  not  less  than  five  nor  more  than  twenty-five 
dollars  for  each  offense. 

§1173.  Incorrect  or  Faulty  Measures  or  Scales. 

(Sec.  374)  No  person  shall  use,  maintain  or  operate 
in  the  city,  in  weighing  or  measuring  as  aforesaid, 
any  weight,  measure,  scale  beam,  patent  balance, 
steelyard  or  other  instrument,  which  shall  not  be 
conformable  to  the  standard  of  the  state,  nor  shall 
use  in  weighing  or  measuring,  as  aforesaid,  any 
scale  beam,  patent  balance,  steelyard,  or  other  in- 
strument which  shall  be  out  of  order  or  incorrect, 
nor  which  shall  not  balance. 

§1174.  Refusal  to  Exhibit.  (Sec.  375)  No  per- 
son shall  refuse  to  exhibit  any  weight,  measure, 
scale  beam,  patent  balance,  steelyard,  or  other  in- 
strument, to  said  inspector  for  the  purpose  of  being 
so  inspected  and  examined. 

§1175.  Interference  With  Officer.  (Sec.  376) 
No  person  shall  in  any  way  or  manner,  obstruct, 
hinder,  or  molest  the  inspector  in  the  performance 
of  his  duties  under  this  chapter.  [Ord.  No.  730, 
])assed  Apr.  3,  1907.] 


588 


ARTICLE  9. 

OF  CITY  SCALES,  WEIGFIM  ASTERS  AND 
LICENSED  WEIGHERS. 

§1176.  City  Scales.  (Sec.  1)  That  the  street 
scales  located  in  Del  Norte  street,  between  ‘Wahsatch 
avenue  and  Weber  street,  and  the  street  scales 
located  in  South  Cascade  avenne,  between  Cncharras 
and  Yermijo  streets,  are  declared  to  be  city  scales. 
That  the  city  council  may  provide  by  resolution  for 
the  erection  or  purchase  and  location  of  such  other 
city  scales  as  it  may  deem  necessary  to  suit  the  com 
venience  of  the  city,  and  that  the  council  may  by 
resolution,  designate  any  suitably  located  street 
scales  owned  by  a private  party  as  city  scales,  pro- 
vided, that  no  scales  not  owned  by  the  city  shall  be 
designated  and  become  city  scales  without  the  owner 
thereof  shall  contract  and  agree  that  such  scales 
shall  he  controlled  and  used  by  weighers  appointed 
by  the  city  as  provided  for  in  this  ordinance;  and 
provided  that  the  price  to  be  paid  by  the  city  for 
the  use  of  any  scales  owned  by  a private  party  shall 
be  fixed  by  the  council  by  resolution. 

§1177.  Weighmasters.  Appointment.  Salaries. 
Duties.  (8ec.  2)  The  mayor,  upon  the  recommenda- 
tion of  the  commissioner  of  public  health  and  sani- 
tation, shall  appoint  a suitable  city  weighmaster  to 
have  charge  of  each  of  the  city  scales.  The  weigh- 
master shall  not  hold  his  position  for  any  fixed  term, 
but  shall  always  be  subject  to  removal  by  the  mayor. 
He  shall  receive  a salary  of  seventy  dollars  ($70) 
per  month,  payable  semi-annually.  The  weighmas- 
ter shall  attend  the  scales  assigned  to  him  at  all  rea- 
sonable hours  on  all  days  except  Sundays  and  legal 
holidays,  and  weigh  any  load  which  any  person 
desires  to  have  weighed  by  him,  and  he  shall  furnish 
duplicate  certificates  to  the  person  having  such  load 

589 


weighed,  Avhicli  certificates  shall  contain  the  kind 
of  article  weighed,  the  date  of  weighing,  the  net 
weight  of  the  wagon  or  cart  on  which  the  load  is 
hauled,  the  net  weight  of  the  article  or  articles 
weighed,  and  the  total  weight  of  the  article  or  arti- 
cles weighed  and  the  wagon  or  cart,  the  name  of  the 
dealer,  the  name  of  the  city  weighmaster,  and  the 
street  and  number  of  the  location  of  the  scales  on 
which  the  weighing  was  done.  The  weighmaster 
shall  keep  a cashbook,  which  shall  be  the  property 
of  the  city,  in  which  shall  be  entered  all  sums  earned 
and  collected  by  him  as  city  weighmaster,  the  date 
of  receipt,  the  amount  and  from  whom  collected, 
and  ,the  date  when  same  was  paid  to  the  city  treas- 
urer. He  shall  also  keep  such  receipt  and  other 
books  as  may  be  required  by  the  commissioner  of 
finance,  and  pay  all  money  received  by  him  to  the 
city  treasurer  as  provided  by  ordinance. 

§1178.  Bond.  (Sec.  3)  Each  city  weighmaster 
shall  give  bond  in  the  sum  of  one  thousand  dollars 
with  one  or  more  sureties  to  be  approved  by  the 
mayor. 

§1179.  ‘Fees.  (Sec.  4)  The  city  weighmasters 
shall  be  entitled  to  demand  and  receive  for  their 
services  from  the  dealer  or  seller  for  whom  the  serv- 
ice was  rendered  a fee  of  ten  cents  for  each  load 
weighed  requiring  a certificate.  No  charge  shall 
be  made  for  weighing  the  empty  wagon,  cart  or 
other  vehicle  where  such  weighing  is  done  for  the 
purpose  of  determining  the  net  load  weighed  on 
said  scales,  or  when  a load  is  ordered  weighed  by 
the  officers  or  employes  of  the  city  for  the  purpose 
of  verifying  the  certificate  of  weight  issued  by  a 
licensed  weigher  as  herein  provided. 

§1180.  Standard  of  Weights.  (Sec.  5)  The 
standard  of  weights  and  measures  fixed  by  the  laws 

590 


of  the  state  of  Colorado  shall  at  all  times  be  used  by 
the  city  weighmasters  and  licensed  weighers,  and 
their  certificates  shall  be  issued  on  the  basis  of  such 
standards. 

§1181.  Maintaining  Scjales  in  Repair.  (Sec.  6) 
It  shall  be  the  duty  of  the  city  weighmasters,  under 
the  supervision  and  direction  of  the  commissioner 
of  public  health  and  sanitation,  to  keep  and  main- 
tain the  scales  in  their  charge  in  proper  repair  and 
condition  so  that  they  will  weigh  correctly  at  all 
times,  and  they  shall  at  frequent  intervals  have  said 
scales  tested  and  sealed  by  the  marketmaster;  and 
any  person  interested  in  having  articles  weighed  on 
the  city  scales  may,  at  any  reasonable  time  and  at 
their  own  expense,  have  said  city  scales  tested  and 
sealed  by  the  county  inspector  of  weights  and  mea- 
sures. 

§1182.  License.  By  Whom  and  How  Procured. 

(Sec.  7)  Any  person,  firm  or  corporation  in  the  city 
of  Colorado  Springs  engaged  in  selling  or  dealing- 
in  any  commodities  or  articles  sold  by  weight  maj^ 
procure  a license  for  weighing  and  issuing  certifi- 
cates of  weight  as  herein  required,  by  making  appli- 
cation, in  writing,  to  the  city  council  through  the 
city  clerk,  in  which  application  shall  be  stated  the 
location  and  character  of  the  business  of  the  appli- 
cant, the  number,  location  and  character  of  scales 
upon  which  weighing  shall  be  done  and  the  name 
or  names  of  the  person  or  persons  who  shall  person- 
ally do  the  weighing  and  issue  certificates  of  weight 
for  the  applicant,  and  that  each  person  named  as 
weigher  is  honest,  competent  and  suitable  in  all 
particulars  to  act  as  a fair  and  just  weigher,  and 
that  such  person  shall  not  issue  a certificate  of 
weight  for  any  other  than  the  applicant.  The 
applicant  shall  deposit  with  the  city  clerk  at  the 
time  of  filing  the  application  the  annual  fee  for  such 

591 


1 icon 80  to  he  evidenced  by  the  receipt  of  the  city 
clei-k  endorsed  upon  said  application. 

§1183.  License  Fee.  (Sec.  8)  Any  person  ob- 
taining- a license  under  this  ordinance  shall  pay  a 
license  fee  of  ten  dollars  ($10)  for  one  authorized 
weigher,  and  five  dollars  for  each  additional  weigher 
named  in  said  license.  All  licenses  shall  expire  on 
the  31st  day  of  December  next  following  their  issu- 
ance unless  sooner  revoked. 

§1184.  Council  Grant  License.  Bond.  Condi- 
tions. (Sec.  9)  The  city  clerk  shall  present  said  ap- 
plication to  the  city  council,  and  if  the  same  be 
ap]:>roved  l)y  the  council  a license  shall  be  granted 
the  applicant  upon  his  depositing  with  the  clerk  a 
bond  in  the  penal  sum  of  $500  with  one  or  more  sure- 
ties to  be  approved  by  the  mayor;  such  bond  shall 
be  made  payable  to  the  city  and  shall  be  conditioned 
that  the  applicant,  and  each  of  the  persons  desig- 
nated by  him  as  weighers  in  his  application  for  a 
license,  or  in  any  subsequent  application  for  a 
change  of  weighers,  shall  comply  with  this  ordinance 
and  all  other  ordinances  of  the  city  relating  to  scales/ 
weights  and  measures,  and  that  upon  the  conviction 
of  the  applicant  or  either  or  any  of  said  weighers 
that  he  will  pay  whatever  line  shall  be  imposed  for 
such  violation,  and  that  applicant  will  consent  to 
the  revocation  of  his  license.  The  license  shall  be 
issued  in  the  name  of  the  applicant  and  shall  state 
the  particular  person  or  persons  who  are  authorized 
under  such  license  to  do  weighing  and  issue  certifi- 
cates of  weight  for  the  applicant,  and  such  weighers 
are  hereinafter  designated  ‘licensed  weighers’’  and 
the  person,  firm  or  corporation  in  whose  name  the 
license  is  issued  is  termed  ‘‘the  licensee.” 

§1185.  Weighing  Must  be  Done  by  Licensed 
Weighers  Personally.  Penalties.  (Sec.  10)  It  shall 

592 


be  unlawful  for  any  licensed  weigher  to  issue  a cer- 
tificate of  weight  without  actually  having  himself 
made  all  the  weights  set  out  in  said  certificate.  It 
shall  ])e  unlawful  for  him  to  sign  any  certificate  in 
blank,  or  to  authorize  or  permit  any  other  person 
to  weigh  any  commodity  or  article  for  which  a cer- 
tificate of  weight  is  issued  by  him,  or  to  issue  a 
certificate  for  any  other  person  than  the  licensee. 
Any  licensed  weigher  violating  any  of  the  provi- 
sions of  this  article  shall,  on  conviction,  be  fined  not 
less  than  ten  dollars  nor  more  than  one  hundred 
dollars  for  each  offense,  and,  may,  in  addition  to 
such  fine,  have  his  authority  to  issue  certificate  re- 
voked. Any  person  not  a licensed  weigher  who 
shall  issue  a certificate  of  weight  as  herein  provided 
shall,  on  conviction,  be  fined  not  less  than  $25  nor 
more  than  $200  for  each  offense.  Any  person  issu- 
ing any  such  certificate  after  his  authority  to  do  so 
has  been  revoked  shall  be  fined  not  less  than  $25 
nor  more  than  $200.  The  authority  of  a licensed 
weigher  shall  be  deemed  to  be  revoked  whenever 
the  license  naming  him  as  weigher  shall  have  ex- 
pired or  have  been  revoked  or  cancelled,  or  when- 
ever the  licensee  shall  have  the  city  clerk  revoke  the 
licensed  weigher  ^s  authority  as  herein  provided. 

§1186.  Penalty  for  Issuing  a False  Certificate. 

(Sec.  11)  Any  licensee  who  shall  issue  or  cause  to 
be  issued  a certificate  showing  an  untrue  or  false 
weight,  or  any  licensed  weigher  who  shall  issue  a 
false  certificate  or  weight  shall,  on  conviction,  be 
fined  not  less  than  $50  nor  more  than  $200  for  each 
and  every  offense,  and  such  licensee  and  licensed 
weigher  shall  each  have  his  license  or  authority  to 
issue  certificate  of  weight  revoked. 

§1187.  Substituting  One  Licensed  Weigher  for 
Another.  (Sec.  12)  Any  licensee  may  have  the 


593 


authority  revoked  of  any  person  named  in  his  license 
as  a weigher,  and  have  some  other  suitable  person 
substiuted  as  such  weigher,  by  paying  one  dollar  to 
the  city  clerk  and  presenting  to  him  the  written  res- 
ignation of  such  weigher,  or  proof  satisfactory  to  the 
clerk  that  he  has  notified  such  weigher  of  his  inten- 
tion to  apply  for  the  revocation  of  his  authority  to 
act  as  a weigher,  and  by  filing  with  the  city  clerk 
an  application  in  writing  giving  the  name  of  the 
person  whose  authority  as  a weigher  he  wishes  re- 
voked, and  the  name  of  the  person  to  be  substituted 
as  a weigher  in  the  place  of  the  one  he  wishes  re- 
moved, and  stating  that  the  person  he  requests  to  be 
substituted  is  an  honest,  competent  and  suitable 
person  for  weigher.  Upon  the  filing  of  such  appli- 
cation and  the  payment  of  said  fee,  the  clerk  shall 
have  authority  to  issue  a certificate  revoking  the 
authority  of  the  original  person  named  in  said 
license  to  act  as  a weigher  or  to  issue  certificates  of 
weight,  and  shall  authorize  the  person  designated 
in  the  application  to  act  as  an  authorized  weigher 
and  issue  certificates  as  herein  provided,  and  such 
certificates  shall  be  attached  to  the  license  and  such 
person  so  authorized  by  the  clerk  shall  have  the 
same  authority  to  weigh  and  issue  certificates  of 
weight  as  though  he  had  been  named  in  the  original 
license. 

§1188.  Licensed  Weighers.  Certificates.  Pen- 
alty. (Sec.  13)  It  shall  be  the  duty  of  each  licensed 
weigher  to  correctly  weigh  all  commodities  or  arti- 
cles sold  by  weight  when  such  commodity  or  articles 
for  any  one  delivery  equals  or  exceeds  five  hundred 
pounds  in  weight,  and  to  issue  a true  certificate  of 
the  net  weight  thereof  when  said  commodity  or  arti- 
cle is  weighed  on  a platform  scales  before  being- 
loaded  on  a wagon  or  other  vehicle,  and  the  true 
weight  of  the  wagon  or  vehicle  and  the  gross  weight 

594 


of  the  vehicle  and  such  commodity  and  the  net 
weight  of  the  commodity  or  article  when  the  same 
has  been  Aveighed  on  a street  or  wagon  scales.  And 
he  shall  issue  a certificate  to  be  delivered  to  the 
driver  or  person  delivering  such  commodity  to  the 
purchaser,  which  certificate  shall  give  in  plain  fig- 
ures each  of  the  weights  above  mentioned,  together 
with  the  name  of  the  commodity  weighed,  the  name 
of  the  dealer  or  licensee,  and  the  location  of  the 
scales  where  weighed.  The  certificates  shall  contain 
the  name  of  the  licensee  and  shall  be  signed  and 
certified  to  by  the  licensed  weigher  and  shall  contain 
a statement  that  the  commodity  mentioned  in  the 
certificate  has  been  personally  weighed  in  accord- 
ance with  the  ordinances  of  the  city  of  Colorado 
Springs  by  the  licensed  weigher  whose  name  is 
signed  to  the  certificate,  and  that  the  weights  set  out 
in  said  certificate  are  true  and  correct.  Any  li- 
censee or  licensed  dealer,  who  shall  issue  or  cause  to 
be  issued  a certificate  of  weight  which  does  not  sub- 
stantially comply  with  the  requirements  of  this  sec- 
tion shall,  on  conviction,  be  fined  not  less  than  $10 

nor  more  than  $100. 

\ 

§1189.  Penalty  for  Changing  Certificate# or  Di- 
minishing Load.  (Sec.  14)  It  shall  be  unlawful 
for  any  person  to  alter  or  change  or  to  permit  to 
be  altered  or  changed,  any  certificate  of  a city 
weighmaster  or  licensed  weigher,  or  attempt  to  use 
or  to  cause  or  permit  to  be  used  any  such  certificate 
for  or  on  account  of  any  article,  commodity,  load 
or  vehicle  other  than  the  one  for  which  such  certif- 
icate was  given.  It  shall  be  unlawful  for  any  driver, 
or  any  other  person,  to  diminish  or  to  cause  or  per- 
mit to  be  diminished  the  quantity  or  weight  of  any 
article  or  commodity  after  weighing,  and  before  the 
delivery  of  the  same  to  the  purchaser  thereof.  Any 
person  violating  the  provisions  of  this  section  shall, 

595 


on  conviction,  be  fined  not  less  than  $50  nor  more 
than  $200. 

§1190.  Weigh  on  City  Scales  When  Requested 
by  Purchaser.  (Sec.  15)  Every  dealer  or  seller  of 
any  commodity  or  article  sold  by  weight,  when  the 
weiglit  of  such  commodity  or  article  is  500  pounds 
or  more,  shall,  when  requested  by  the  purchaser, 
weigh  such  commodity  on  the  city  scales,  and  de- 
liver to  such  purchaser  a certificate  of  weight  signed 
by  a city  weighmaster.  Any  dealer  or  seller  violat- 
ing the  provisions  of  this  section  shall,  on  convic- 
tion, be  fined  in  any  sum  not  exceeding  $300. 

§1191.  Officers  May  Order  Load  Weighed  on 
City  Scales.  (Sec.  16)  The  mayor,  and  each  of  the 
city  commissioners,  the  city  weighmasters,  the  mar- 
ketmaster  and  the  deputy  market  master,  and  each 
of  the  police  officers  of  the  city  are  respectively 
empowered  to  stop  any  vehicle  conveying  for  de- 
livery to  a purchaser  any  commodity  or  article  sold 
by  weight  which  weighs  500  [pounds]  or  more,  when- 
ever either  of  them  shall  deem  it  necessary,  and  to 
require  the  same  to  be  weighed  on  the  city  scales. 
The  city  weighmaster  shall  make  no  charge  for  such 
weighing.  Any  person  refusing  to  weigh  his  load 
on  the  city  scales  when  ordered  to  do  so  as  above 
provided  shall,  on  conviction,  be  fined  in  any  sum 
not  to  exceed  $300. 

§1192.  Drivers  Must  Have  Certificate.  (Sec. 
17)  It  shall  be  unlawful  for  any  driver  or  deliverer 
of  any  commodity  or  articles  sold  by  weight  of  the 
weight  of  500  pounds  or  more,  to  deliver  the  same 
to  any  purchaser  or  consumer  in  the  city  without 
having  in  his  possession  for  delivery  a certificate  of 
weighed  as  herein  provided,  issued  by  a city  weigh- 
master or  a licensed  weigher,  and  he  shall  deliver 
such  certificate  to  the  purchaser  or  his  representa- 

596 


tive  before  the  unloading-  of  such  commodity  where 
it  is  practicable  to  deliver  the  same.  Any  driver 
or  deliverer  who  shall  violate  the  provisions  of  this 
section  shall,  on  conviction,  be  fined  in  any  sum  not 
to  exceed  $300  for  each  offense. 

§1193.  Dealer  Must  Furnish  Certificate  of 
Weight.  (Sec.  18)  It  shall  be  unlawful  for  any 
dealer  to  deliver  or  cause  to  be  delivered  to  any 
purchaser  in  this  city  any  coal,'  coke,  hay,  grain  or 
other  article  or  commodity  sold  by  weight  of  the 
weight  of  500  pounds  or  more  without  having  the 
same  weighed  by  a city  weighmaster,  or  a licensed 
weigher,  and  procuring  a certificate  of  weight  as 
herein  provided,  and  deliverinig  or  causing  such 
certificate  to  be  delivered  to  the  purchaser,  or,  to  the 
purchaser’s  representative  at  the  place  of  delivery, 
whenever  the  same  can  be  done.  Any  person  vio- 
lating the  provisions  of  this  section  shall,  on  con- 
viction, be  fined  not  less  than  $10  nor  more  than  $300 
for  each  offense. 

§1194.  City  Weighmaster  Must  Issue  True  Cer- 
tificate. (Sec.  19)  It  shall  be  unlawful  for  any  city 
weighmaster  to  issue  a false  or  untrue  certificate 
of  weight  for  delivery  to  any  person.  Any  city 
weighmaster  violating  any  of  the  provisions  of  this 
section  shall,  on  conviction,  be  fined  not  less  than 
* $50  nor  more  than  $300  and  be  removed  from  office. 
[Ord.  No.  783,  passed  Dec.  13,  1909.] 


ARTICLE  10. 

OF  WEIGHERS  AND  WEIGHING  OUTSIDE 
THE  CITY  LIMITS. 

§1195.  Licenses  Required.  (Sec.  1)  It  shall  be 
unlawful  for  any  person,  firm,  corporation  or  asso- 

597 


elation  to  sell  or  deliver  to  consumers  in  the  city  of 
Oolorado  Springs,  coal,  coke,  wood,  grain,  hay, 
produce  or  other  bulky  commodity  of  which  a single 
delivery  shall  amount  to  or  exceed  five  hundred 
pounds  without  the  same  has  been  weighed  by  a 
city  weighmaster  or  by  a duly  licensed  weigher 
within  the  corporate  limits  of  the  city,  as  provided 
in  the  ordinance  entitled,  ‘‘An  ordinance  to  provide 
city  scales,  and  weighmasters,  and  licensed  weigh- 
ers, and  to  prescribe  their  duties,  and  to  provide  for 
the  weighing  of  commodities  on  the  city  scales  and 
on  other  scales  by  licensed  weighers,  and  to  provide 
penalties  for  the  violation  of  the  provisions  of  this 
ordinance”  (Art.  9),  passed  on  the  13th  day  of  De- 
cember, 1909,  without  first  procuring  licenses  as 
hereinafter  provided,  and  all  such  commodities  shall 
be  sold  by  weight  and  not  by  load  or  measure. 

§1196.  By  Whom  and  How  Procured.  (Sec.  2) 
The  applicant  for  a license  under  the  above  section 
shall  file  with  the  city  clerk  an  application  for  a 
license,  giving  his  name  and  the  location  of  his  place 
of  business  and  the  location  of  his  yard  or  plant 
and  he  shall  file  with  the  clerk  a bond  in  the 
sum  of  five  hundred  dollars  conditioned  that  he  will 
observe  all  ordinances  of  the  city  of  Colorado 
Springs  in  relation  to  the  weighing  of  commodities 
and  issuing  certificates  therefor;  provided,  however,  . 
that  in  case  the  applicant  shall  have  already  filed 
with  the  city  clerk  a bond  as  required  in  section  9 of 
an  ordinance  of  the  city  of  Colorado  Springs  enti- 
tled, “An  ordinance  to  provide  city  scales,  etc.,” 
passed  on  the  13th  day  of  December,  1909,  it  shall 
not  be  necessary  for  him  to  file  an  additional  bond 
under  this  ordinance.  The  application  shall  be  ac- 
companied by  the  license  fee.  The  clerk  shall  issue 
a license  to  the  applicant  when  authorized  to  do  so 
by  the  council. 


598 


§1197.  License  Fee.  (Sec.  3)  (a)  The  license 
fee  sliall  be  $20  per  annum,  ])ayment  of  wliicli  shall 
entitle  the  license^  to  maintain  one  yard  or  plant, 
with  office  in  connection,  for  the  conduct  of  his  busi- 
ness and  one  office  in  some  other  locality  in  the  city; 
additional  yards,  plants  or  offices  of  the  same  per- 
son, firm,  corporation  or  association  shall  require 
an  additional  license  fee  of  ten  dollars  per  year  for 
each  additional  yard,  plant  or  office.  No  license 
shall  be  issued  for  less  than  the  yearly  fee  and  all 
licenses  shall  expire  on  the  31st  day  of  December 
next  following-  their  issuance,  unless  sooner  revoked. 

(b)  Payment  of  the  annua  1 license  fee  of 
twenty  dollars  shall  entitle  the  licensee  to  use  one 
wagon,  cart  or  other  vehicle  for  the  delivery  of  coal, 
coke,  wood  or  other  commodities  of  the  weight  of 
five  hundred  pounds  or  more;  for  each  additional 
wagon,  cart  or  other  vehicle  for  use  in  such  delivery 
the  licensee  shall  pay  an  animal  fee  of  one  dollar. 
The  city  clerk  shall  issue  on  request  of  any  licensee 
and  on  payment  of  the  necessary  fee,  sub-licenses 
for  the  number  of  wagons,  carts  or  vehicles  re- 
quested; such  sub-licenses  shall  expire  on  the  31st 
day  of  December  next  ensuing  after  their  issuance. 

(c)  Every  wagon,  cart  or  vehicle  licensed  un- 
der this  ordinance  shall  display  at  all  times  the  name 
of  the  licensee,  in  letters  not  less  than  three  inches 
high,  such  as  may  be  plainly  visible.  The  city  clerk 
shall  issue  with  each  license  and  sub-license  a license 
number  for  each  wagon,  cart  or  other  vehicle  so 
licensed.  The  said  number  shall  be  of  metal  or 
other  indestructible  material  complying  with  the  ^ 
provisions  next  above,  and  the  said  number  shall  be 
plainly  displayed  on  the  right  hand  side  of  the  li- 
censed vehicle.  Each  licensee  shall  be  given  the 
same  license  number  from  year  to  year  if  he  so  de- 
sires. 


599 


(d)  Any  general  license  shall  be  transferred 
on  request  of  licensee  and  on  payment  of  a transfer 
fee  of  one  dolar  to  any  person,  firm,  corporation  or 
association  which  in  the  judgment  of  the  city  coun- 
cil is  a legitimate  successor  in  business  to  the  li- 
censee requesting  the  transfer.  Sub-licenses  shall 
follow  the  transfer  of  the  general  license. 

§1198.  Licensee  May  Issue  Valid  Certificates 
for  Commodities  Weighed  Outside  the  Corporate 
Limits  of  the  City.  (Sec.  4)  The  license  issued  to 
the  licensee  shall  entitle  him  to  issue  valid  certifi- 
cates of  weight  for  delivery  of  commodities  that 
have  been  weighed  outside  of  and  beyond  the  cor- 
porate limits  of  the  city  and  when  such  tickets  have 
been  issued  as  hereinafter  provided,  it  shall  not  be 
necessary  for  the  licensee  to  reweigh  said  commodi- 
ties within  the  corporate  limits  of  the  city,  or  to 
have  the  delivery  of  said  commodities  accompanied 
by  a certificate  of  a licensed  weigher  or  a city  weigh- 
master  before  said  commodities  can  be  delivered  to 
the  consumer.  All  tickets  issued  by  the  licensee 
shall  give  the  correct  gross,  tare  and  net  weight  of 
the  commodities  to  be  delivered  and  shall  give  the 
name  of  the  dealer  issuing  the  same,  and  the  name 
of  the  person  to  whom  the  commodities  have  been 
sold  or  are  to  be  delivered.  In  case  any  delivery 
of  such  commodities  shall  have  been  reweighed  by 
any  licensed  weigher  or  city  weighmaster  said 
weigher’s  certificate  of  weight  shall  be  attached  to 
the  delivery  ticket  issued  by  said  licensee. 

§1199.  Driver  Must  Have  Certificate.  (8ec.  5) 
It  shall  be  unlawful  for  any  driver,  teamster  or  de- 
liverer of  any  commodity  or  article  hereinbefore 
mentioned  sold  by  weight  of  the  weight  of  five  hun- 
dred pounds  or  more  which  has  not  been  weighed 
inside  the  corporate  limits  of  the  city  by  a licensed 

6oo 


wei^’her,  or  the  city  vveigiiniaster,  to  deliver  the  same 
to  any  purchaser  or  consumer  in  the  city  without 
having  in  liis  possession  for  delivery  a certificate  of 
weight  issued  by  a person,  firm,  corporation  or ’as- 
sociation licensed  as  in  this  ordinance  provided,  and 
complying  in  all  respects  with  section  4 of  this  ordi- 
nance, and  he  shall  deliver  such  certificates  to  the 
piir(4iaser  or  his  representative  before  the  unloading 
of  such  commodity  where  it  is  practical  to  deliver 
the  same.  Any  driver  or  deliverer  who  shall  violate 
the  provisions  of  this  section  shall,  on  conviction, 
be  fined  not  less  than  five  nor  more  than  one  hundred 
dollars  for  each  offense. 

§1200.  Tickets  Must  be  Used  by  Licensee  Only. 

(Hec.  6)  No  ticket  issued  by  any  licensee  under  this 
ordinance  shall  be  used  by  or  shall  be  a valid  deliv- 
ery ticket  for  any  other  person,  firm,  corporation  or 
association  other  than  the  licensee. 

§1201,  Teamster  Must  Weigh  When  Requested 
by  Officer.  (Sec.  7)  Any  police  officer  of  the  city  or 
the  inspector  of  weights  and  measures  shall  have 
authority  to  require  any  teamster,  driver  or  deliv- 
erer of  any  load  for  which  a certilicate  has  been 
issued  as’  hereinbefore  provided,  to  have  the  same 
weighed  on  the  city  scales,  or  the  nearest  licensed 
scales,  and  any  driver,  teamster  or  deliverer  of  such 
commodities  who  shall  refuse  or  neglect  to  weigh 
his  load  over  such  scales  when  directed  so  to  do  by 
said  officer  or  inspector  shall,  on  conviction,  be  fined 
in  any  sum  not  less  than  five  nor  more  than  one  hun- 
dred dollars. 

§1202.  Penalty  for  False  Weights.  (Sec.  8)  Any 
licensee  that  shall  issue,  or  cause  to  be  issued, , any 
ticket  or  certihcate  showing  moi*e  than  the  true 
weight  of  a commodity  to  be  delivered  to  the  con- 
sumer shall,  on  conviction,  l)e  fined  not  less  than  fifty 

6oi 


iioj*  more  than  three  Imndred  dollars  and  may  have 
his  license  revoked  hy  the  conncil. 

§1203.  To  Whom  Provisions  Shall  Not  Apply. 

(Sec.  9)  The  provisions  of  this  ordinance  shall  not 
apply  in  any  instance  where  a load  of  merchandise 
has  been  sold  and  is  to  be  delivered  to  a licensee 
hereunder,  nor  shall  it  be  necessary  to  set  out  on  the 
delivery  ticket  of  weii>ht  of  the  commodity,  the 
i>ross,  net  and  tare  weight  on  any  load  of  merchan- 
dise or  commodities  delivered  or  to  be  delivered  to 
consumers  having  tlieir  own  wagon  scales  or  where, 
at  the  request  of  the  purchaser,  the  load  has  been  or 
is  to  be  weighed  over  city  scales,  in  which  latter  case, 
however,  the  city  weighmaster’s  certificate  of  weight 
shall  accompany  the  regular  delivery  ticket  and  be 
delivered  to  the  purchaser  with  said  ticket. 

§1204.  Penalty.  (Sec.  10)  Any  ]ierson,  firm,  cor- 
])oration  or  association  violating  any  of  the  provi- 
sions of  this  ordinance  for  which  no  penalty  has 
hereinbefore  been  provided  for  shall,  on  conviction, 
be  fined  not  less  than  ten  nor  more  than  three  hun- 
dred dollars  for  each  and  every  offense. 

§1205.  Inspector  of  Weights  and  Measures. 

(Se(*.  11)  There  is  hereby  created  the  position  of  in- 
spector of  weights  and  measures.  Such  inspector 
shall  be  ap])ointed  by  the  mayor  u])on  the  recom- 
mendation of  the  commissioner  of.  health  and  san- 
itation, and  such  ins])e(dor  of  weights  and  mea- 
sures shall  lie  a])pointed  for  an  indehuite  term  and 
may  be  removed  at  any  time  by  the  mayor  or  by 
the  council,  and  he  shall  re(‘eive  a salary  of  $70  ])er 
month  on  and  after  the  first  day  of  January,  1913. 
For  and  during  the  year  beginning  at  the  time  of 
the  appointment  of  such  inspector  and  until  the  31st 
day  of  December,  1912,  said  inspector  shall  receive 
as  his  sole  compensation  such  amount  as  shall  l)e 


paid  ill  license  fees  into  the  treasury  of  the  city  by 
the  persons,  firms,  corporations  and  associations  tak- 
ing out  licenses  as  in  this  ordinance  provided,  and 
there  is  hereby  appropriated  and  set  apart  for  the 
payment  of  said  inspector  the  total  sum  received 
from  license  fees  under  this  ordinance,  provided  that 
the  amount  so  received  shall  in  no  event  exceed  the 
sum  of  $70  pr  month. 

§1206.  , Duties.  (Sec.  12)  It  shall  be  the  duty 
of  the  inspector  of  weights  and  measures  to  see  that 
the  provisions  of  this  ordinance  and  of  all  other  or- 
dinances of  the  city  of  Colorado  Springs  in  relation 
to  weights  and  measures  are  fully  enforced,  and  it 
shall  be  his  duty  to  order  over  the  city  scales  or 
other  licensed  scales  at  frequent  and  reasonable 
times  commodities  to  be  tested  in  order  to  deter- 
mine whether  the  ordinances  of  the  city  in  relation 
to  the  weighing  of  commodities  are  being  fully  com- 
plied with,  and  he  shall  perform  such  other  and  fur- 
ther duties  as  may  be  prescribed  by  the  commis- 
sioner of  health  and  sanitation  and  by  the  ordi- 
nances of  the  city  of  Colorado  Springs  in  relation  to 
weights  and  measures. 

§1207.  Repeal.  (Sec.  18)  This  ordinance  shall 
not  be  construed  to  repeal  any  of  the  provisions  of 
the  ordinance  entitled,  ‘‘An  ordinance  to  provide 
city  scales,  and  weighmasters,  and  licensed  weighers, 
and  to  prescribe  their  duties,  and  to  provide  for  the 
weighing  of  commodities  on  the  city  scales  and  on 
other  scales  by  licensed  weighers,  and  to  provide 
|)enalties  for  the  violation  of  the  ])rovisions  of  this 
ordinance,”  passed  on  the  13th  day  of  December, 
1909,  but  shall  be  considered  amendatoiw  thereto  in 
providing  that  commodities  may  be  delivered  in  the 
city  of  Colorado  Springs  without  having  been 
weighed  within  the  corporate  limits  of  the  city.  The 
license  fee  provided  in  this  ordinance  shall  be  in 

603 


jidditioii  to  lli(i  Ji(‘(*nse  l'e(is  j'ecjiiired  lor  licenses  and 
licensed  weighers  as  provided  in  the  ordinance 
))assed  r)ecernl)er  Idth,  ,1909.  All  otlier  ordinances 
and  pai'ts  of  oi'dinances  in  (*onfiict  with  this  ordi- 
nan(‘(‘  ar(‘  liei‘el)y  rc})ealed.  |()rd.  No.  8()1,  passed 
dan.  10,  19HM 


(d^iirriFirAd^E  of 


.State  of  Colorado.  County  of  El  T^aso,  ss. 


T,  CHAS.  CHAPMAN,  do  hereby  certify: 


That  I am  the  regularly  qualified  and  acting  clerk  of  the  city 
of  Colorado  Springs  in  said  county  and  state,  and  am  the  custo- 
dian of  the  official  seal  and  of  the  ordinances  of  said  city: 

That  this  volume  contains  all  the  general  ordinances  of  said 
city  in  force  on  the  date  of  this  certificate,  the  city  charter  and 
the  amendments  thereto  in  full  and  Article  XX  of  the  Constitu- 
tion of  the  state  of  Colorado  as  amended: 

That  I have  carefully  compared  said  charter  and  the  amend- 
ments thereto  and  said  ordinances  with  the  original  manuscript's 
on  file  in  my  office  and  that  same  are  completely,  truly  and 
correctly  set  forth  in  the  foregoing  compilation  and  revision; 

That  such  ordinances  are  arranged  into  numbered  chapters 
and  articles  and  are  classified  under  proper  heads;  each  num- 
bered section  of  an  ordinance  has  the  number  following  it  in 
the  compilation  beginning  with  No.  i and  numbering  such  sec- 
tions consecutively  in  bold-faced  type  throughout,  which  said 
numbers  are  the  general  code  numbers. 

Following  such  numbers  are  leadiiiir  text  words  of  each  sec- 
tion supplied  by  the  compiler  and  not  a part  of  the  ordinances, 
and  then  in  parentheses  appears  the  section  number  of  the  ordi- 
nance as  originally  passed  Iffi-tween  brackets,  at  the  end  of  each 
section  or  after  the  last  section  of  an  ordinance  or  section  of  an 
oi'<linanpe  published  herein  consecuti\  ely  there  is  given  the  file 
mimber  bf'uhe  ordinance  and  the  date  of  its  passage. 

IN  WITNESS  WHERIfOF,  T have  hereunto  set  my  hand 
and  /affixed  tlie  seal  of  the  city,  this  6th  day  of  January.  A.  D. 


1014. 

- [i 


Appendix  to  the  Municipal  Code 

OF 

Colorado  Springs,  Colorado 


Franchise  and  Public  Utility  Ordinances 


I 


t' 


.%■ 


\\ 


■)  • 


GAS,  ELECTRIC  LIGHT,  HEAT  AND 

POWER 


AN  ORDINANCE 

In  Relation  to  the  Colorado  Springs  Lozoe  Gas  and  Electric 

Company. 

Be  It  Ordaixed  by  the  City  Couxcil  of  the  City  of 
Colorado  Sprixgs: 

Sectiox  1.  That  the  Colorado  Springs  Lowe  Gas  and 
Electric  Company  is  hereby  granted  the  right,  prixilege  and 
license  to  erect,  operate  and  maintain  all  buildings,  machin- 
ery and  works  which  are  necessary  for  the  manufacture  and 
distribution  of  gas,  for  lighting,  heating  and  power,  manu- 
facturing and  other  purposes,  and  of  electricity  for  lighting, 
power  and  other  purposes,  and  to  manufacture  and  generate 
the  same  within  the  corporate  limits  of  the  City  of  Colorado 
Springs,  on  the  property  within  the  said  city  now  owned  by 
said  company  or  which  it  may  hereafter  acquire. 

Sectiox  2.  That  the  said  The  Colorado  Springs  Lowe 
Gas  and  Electric  Company  be  and  is  hereby  granted  the 
right-of-way  to  lay  its  pipes 'under  and  along  any  of  the 
streets,  alleys  and  highways  of  the  said  City  of  Colorado 
Springs,  for  the  purpose  of  distributing  said  gas  within  the 
city,  and  to  sell  the  said  gas  to  all  persons,  bodies  or  corpora- 
tions within  the  said  city,  desiring  to  purchase  the  same, 
and  generally  to  have  all  rights,  privileges  and  franchises 
proper  and  necessary  for  the  successful  prosecution  of  the 
business  of  making,  distributing  and  selling  gas  in  and  for 
the  City  of  Colorado  Springs  for  the  purposes  enumerated 
in  Section  i. 


4 


CAS,  ELs:CTRlC  IM'.ur,  heat  and  power. 


Section  3.  Permission  is  hereby  granted  to  The  Colo- 
rado Springs  Lowe  Gas  and  Electric  Company  to  construct 
and  maintain  in  all  the  alleys  and  public  grounds  of  this  city, 
and  in  the  streets  of  the  city  only  where  it  is  impracticable  to 
use  the  alleys,  a line  of  wires  or  other  electrical  conductors 
to  be  used  for  the  purpose  of  conducting  electrical  currents 
for  transmitting  electricity  for  lighting,  power  and  other 
purposes. 

Section  4.  All  wires  shall  be  laid  in  underground  con- 
duits or  shall  be  run  on  poles,  which,  if  of  wood,  shall  be 
not  less  than  thirty  (30)  feet  in  height  above  ground  and 
not  less  than  four  (4)  inches  in  diameter  at  the  smaller 
end,  and  which,  if  of  iron,  shall  not  be  less  than  twenty 
( 20 ) feet  in  height  above  ground,  and  not  less  than  two 
inches  in  diameter  at  the  smaller  end ; and  such  poles  shall 
be  constructed  and  placed  in  such  places  as  the  City  Coun- 
cil, by  its  committee  on  streets,,  alleys  and  ditches,  may 
direct.  Provided,  that  no  pole  less  than  thirty  (30)  feet  in 
height  above  ground  shall  be  erected  on  any  trunk  line. 

Section  5.  The  said  The  Colorado  Springs  Lowe  Gas 
and  Electric  Company  is  hereby  granted  the  right  of  way  to 
lay  and  maintain  all  necessary  conduits  under  and  along  any 
of  the  streets,  alleys  and  highways  of  said  The  City  of  Colo- 
rado vSprings  for  the  purpose  of  conducting  therein  its  elec- 
tric wires,  subject  to  all  the  ordinances  of  the  City  of  Colo- 
rado Springs,  which  may  at  any  time  be  in  force  in  relation  to 
the  manner  of  constructing  and  maintaining  said  conduits, 
and  of  making  and  guarding  excavations  therefor;  and  the 
said  company  shall  be  responsible  for  any  damage  to  streets, 
persons  or  property  resulting  from  any  act  or  negligence  of 
said  company  by  reason  thereof. 

vSection  6.  The  said  company  shall  at  all  times  protect 
their  wires  and  appliances  by  such  insulation,  coating  of 


GAS,  laiiCTRlC  RIGHT,  HEAT  AND  POWER.  5 

wires  with  non-conducting  materials  and  ‘^cut-outs/’  as  are 
necessary  to  render  the  use  of  such  electrical  currents  safe 
to  life  and  property  within  the  city,  and  all  such  safeguards 
as  science  and  experience  may  demonstrate  will  aid  thereto. 

Section  7.  That  the  right  of  way,  privileges  and  fran- 
chises hereby  granted  to  said  The  Colorado  Springs  Lowe 
Gas  and  Electric  Company  for  the  manufacture  and  dis- 
tribution of  gas  for,  the  purposes  above  specified,  are  given 
and  granted  to  it  upon  the  following  express  terms  and 
conditions : 

That  within  thirty  days  from  the  date  of  the  passage 
of  this  ordinance,  the  said  company  will,  under  its  corporate 
seal  and  the  hand  of  its  president  or  vice-president,  enter 
into  an  agreement  on  its  part  with  the  City  of  Colorado 
Springs  of  the  other  part,  promising,  covenanting  and  agree- 
ing to  and  with  said  city  as  follows,  to-wit : that  said  com- 
pany will  not  charge  said  city,  or  any  person,  bodies  or  cor- 
porations therein,  more  than  two  and  fifty  hundredths  dollars 
($2.50)  per  thousand  cubic  feet  for  illuminating  gas;  that 
the  said  company  will,  within  a reasonable  time  thereafter, 
lay  pipes,  distribute  and  sell  gas  on  any  and  all  streets 
respectively  in  the  City  of  Colorado  Springs,  so  far  as  there 
may  be  any  reasonable  demand  for  such  gas  on  said  streets 
or  any  of  them.  That  said  company  will,  in  all  cases,  .be 
controlled  and  governed  by  the  ordinances  of  the  City  of 
Colorado  Springs  then  in  force  relating  to  the  manner  of 
laying  and  distributing  pipe  and  of  making  and  guarding 
excavations  therefor. 

That  said  company  will  be  responsible  for  any  damage, 
either  to  streets,  persons  or  property,  resulting  from  an\ 
act  or  negligence  of  the  said  company.  That  said  company 
will  at  all  times  furnish  a good  and  sufficient  supply  of  good 
quality  gas  of  not  less  than  twenty  (20)  candle  power,  un- 


()  C.XS,  ELECTRIC  LIGHT,  HEAT  AND  POWER. 

less  ])revented  by  accident  or  other  cause  beyond  its  control, 
in  which  event  said  obstacle  shall  he  removed  and  overcome 
without  unnecessary  delay. 

Said  contract  shall  further  provide  that  said  company 
shall  furnish  gas  to  said  city  at  not  more  than  twenty  dollars 
($20.00)  per  lamp  per  annum,  for  each  and  every  lamp 
supplied  for  the  streets  of  said  city.  Provided,  hozoever, 
that  said  company  shall  furnish  all  street  lamps  and  lamp 
])osts  to  said  city  of  the  kind  required  by  the  City  Council, 
delivered  on  the  grounds,  at  cost ; said  lamps  and  posts  to 
he  the  property  of  the  city,  and  the  cost  and  setting  thereof 
to  he  paid  for  by  the  city. 

Said  contract  shall  further  provide  that  said  company 
shall  not  charge  consumers  more  than  three  cents  per  hour 
for  each  sixteen  candle  power  electric  light,  and  shall  fur- 
nish the  said  light  to  all  persons  residing  upon  any  street 
where  its  wires  extend,  and  who  shall  promptly  pay  for 
such  light,  and  shall  in  no  case  discriminate  as  to  rates 
charged,  between  consumers  in  outlying  districts  and  con- 
sumers in  competitive  districts  of  the  city.  And  said  com- 
])any  shall  furnish  the  city,  whenever  so  required,  with  not 
less  than  forty  (40)  arc  lights  of  what  is  commonly  known 
as  2000  candle  power  each,  for  lighting  the  streets  of  the 
city,  for  not  more  than  one  hundred  and  twenty-five 
($125.00)  dollars  per  annum  for  each  arc  light,  or  will  fur- 
nish not  less  than  fifty  arc  lights  of  the  same  candle  power 
for  one  hundred  and  twenty  ($120.00)  dollars  each  per 
annum. 

Section  8.  Unless  said  company  shall  within  eight 
months  after  the  passage  of  this  ordinance,  have  in  opera- 
tion its  electric  light  works  herein  authorized,  the  rights  and 
])rivileges  herein  granted,  so  far  as  they  relate  to  the  right 
to  construct  and  maintain  electric  works  and  wires,  shall  he 


GAS,  EI^ECTRIC  light,  HEAT  AND  POWER.  7 

forfeited  and  of  no  effect.  [As  amended  by  Ordinance  No. 
356,  passed  August  18,  1890.] 

Section  9.  That  the  mayor  be,  and  is  hefreby,  authorized 
and  instructed  to  enter  forthwith  into  a contract  and  agree- 
ment, under  the  corporate  seal  of  the  City  of  Colorado 
Springs  with  The  Colorado  Springs  Lowe  Gas  and  Electric 
Company,  ratifying  and  confirming  to  and  unto  the  said 
The  Colorado  Springs  Lowe  Gas  and  Electric  Company  the 
right  of  way,  privileges  and  franchises  granted  by  this  ordi- 
nance in  relation  to  the  manufacture  and  distribution  of 
gas  and  electricity  for  lighting  and  other  purposes.  Pro- 
vided, always,  that  the  said  company  shall  simultaneously 
enter  into  an  agreement,  under  its  corporate  seal,  as  pro- 
vided for  and  set  forth  in  the  seventh  section  of  this  ordi- 
nance. 

Section  10.  That  if  the  said  The  Colorado  Springs 
Lowe  Gas  and  Electric  Company  shall  fail  to  perform  any 
part  or  portion  of  its  promises,  covenants  and  agreements 
embraced  in  its  contract  with  the  city  as  contemplated  by 
the  provisions  of  this  ordinance,  or  in  any  substantial  man- 
ner fail  to  comply  with  the  provisions  of  this  ordinance, 
then,  and  in  that  event,  the  said  company  shall  forfeit  and 
surrender  any  and  all  rights,  privileges  and  franchises  con- 
ferred or  granted  by  this  ordinance ; and  it  is  hereby  ex- 
pressly provided  and  declared  that  no  exclusive  franchise  or 
privilege  is  intended  to  be  granted  and  conferred  upon  the 
said  The  Colorado  Springs  Lowe  Gas  and  Electric  Company 
by  the  provisions  of  this  ordinance. 

Passed  March  24,  1890. 


8 


GAS,  ELECTRIC  LIGHT,  HEAT  AND  POWER. 


AN  ORDINANCE 

In  Relation  to  the  Colorado  Springs  Gas  and  Eleetric 
Company. 

Be  It  Ordained  bv  the  City  Council  oe  the  City  oe 
Colorado  Springs : 

Section  i.  That  from  the  date  of  the  passage  hereof, 
for  the  full  term  of  twenty-five  years  thereafter,  subject  to 
the  conditions  hereinafter  provided,  The  Colorado  Springs 
(las  and  Electric  Company,  a corporation  organized  and 
existing  under  and  by  virtue  of  the  laws  of  the  State  of  Colo- 
rado, acting  under  its  present  organization,  or  any  exten- 
sion thereof^  b*e  and  is  hereby  granted  the  right,  privilege 
and  authority  to  erect,  maintain  and  operate  all  buildings, 
machinery  and  works  now  operated,  or  which  may  here- 
after become  necessary  for  the  manufacture,  generation 
and  distribution  of  gas  and  electricity,  for  lighting,  heat- 
ing, power  and  other  purposes,  and  to  manufacture,  gen- 
erate, distribute  and  sell  gas  and  electricity  to  all  persons, 
associations  or  corporations,  public  or  private,  within  the 
said  City  of  Colorado  Springs. 

Section  2.  That  the  said  The  Colorado  Springs  Gas  and 
Electric  Company  be,  and  is  hereby,  granted  the  right  of 
way  to  lay  its  pipes  under  and  along  any  of  the  streets, 
alleys  and  highways  of' the  said  City  of  Colorado  Springs, 
for  the  purpose  of  distributing  said  gas  within  the  city, 
and  to  sell  the  said  gas  to  all  persons,  bodies  or  corpora- 
tions within  the  said  city,  desiring  to  purchase  the  same, 
and  generally  to  have  all  rights,  privileges  and  franchises 
proper  and  necessary  for  the  successful  prosecution  of  the 
business  of  making,  distributing  and  selling  gas  in  and 
for  the  City  of  Colorado  Springs,  for  the  purposes  enumer- 
ated in  Section  i. 


GAS^  ELECTRIC  LK'-llT,  HEAT  AND  POWER.  9 

Section  3.  Permission  is  hereby  "ranted  to  The  Colo- 
rado Springs  Gas  and  Electric  Company  to  construct  and 
maintain  in  all  alleys  and  public  grounds  of  this  city,  and  in 
the  streets  of  the  city  only  where  impracticable  to  use  the  , 
alleys,  a line  of  wires  or  other  electrical  conductors  to  be 
used  for  the  purpose  of  conducting  electrical  currents  for 
transmitting  electricity,  for  lighting,  heating,  power  and 
other  purposes. 

Section  4.  All  wires  shall  be  laid  in  underground  con- 
duits or  shall  be  run  on  poles  which,  if  of  wood,  shall  not 
be  less  than  thirty  (30)  feet  in  height  above  ground,  and 
not  less  than  four  (4)  inches  in  diameter  at  the  smaller 
end ; and  wdiich,  if  of  iron,  shall  not  be  less  than  twenty 
(20)  feet  in  height  above  ground,  and  not  less  than  two  (2) 
inches  in  diameter  at  the  smaller  end,  and  such  poles  shall 
be  constructed  and  placed  in  such  places  as  the  City  Coun- 
cil, by  its  committee  on  streets,  alleys  and  ditches,  may  di- 
rect. Provided,  that  no  pole  less  than  thirty  (30)  feet  in 
height  above  ground  shall  be  erected  on  any  trunk  line. 

Section  5.  The  said  The  Colorado  Springs  Gas  and 
Electric  Company  is  hereby  granted  the  right  of  way  to  lay 
and  maintain  all  necessary  conduits  under  and  along 
any  of  the  streets,  alleys  and  highways  of  said  City  of 
Colorado  Springs,  for  the  purpose  of  conducting  therein  its 
electric  wires,  subject  to  all  ordinances  of  the  City  of  Colo- 
rado Springs  wdiich  may  at  any  time  be  in  force  in  relation  to 
the  manner  of  constructing  and  maintaining  said  conduits, 
and  the  making  and  guarding  excavations  therefor ; and  the 
said  company  shall  be  responsible  for  any  damages  to 
streets,  persons  or  property  resulting  from  any  act  or  neg- 
ligence of  said  company  by  reason  thereof. 


lO 


(iAS,  liLtXTRlC  LIGHT,  HLAT  AND  POWER. 


SiCCTioN  6.  The  said  company  shall  at  all  times  protect 
their  wires  and  appliances  by  such  insulation,  coating-  of 
wires  with  non-conducting  materials  and  “cut-outs”  as  are 
necessary  to  render  the  use  of  electrical  currents  safe  to 
life  and  property  within  the  city,  and  all  such  safeguards 
as  science  and  experience  may  demonstrate  will  aid  thereto. 

Section  7.  That  the  contract  made  and  entered  into 
by  and  between  The  Colorado  Springs  Lowe  Gas  and  Elec- 
tric company  and  the  City  of  Colorado  Springs,  dated  April 
7,  1890,  and  confirmed  by  resolution  of  May  9,  1894,  as  con- 
tinuing, and  adopted  by  The  Colorado  Springs  Gas  and 
lEectric  Company,  be  and  the  same  is  hereby  ratified  and 
confirmed  and  all  rights,  privileges  and  franchises  hereto- 
fore granted  to  The  Colorado  Springs  Gas  and  Coke  Com- 
pany, and  The  Colorado  Springs  Lowe  Gas  and  Electric 
Company,  and  granted  and  confirmed  unto  their  successors, 
The  Colorado  Springs  Gas  and  Electric  Company,  by  reso- 
lution of  ]\Iay  9,  1894,  are  hereby  again  ratified  and  con- 
firmed, subject  to  the  same  conditions,  obligations  and  du- 
ties imposed  and  undertaken  and  required  by  the  ordi- 
nances granting  the  same,  so  far  as  said  conditions,  obliga- 
tions and  duties  remain  to  be  performed. 

Section  8.  That  the  mayor  be,  and  he  is  hereby  author- 
ized and  instructed  to  enter  forthwith  into  a contract  and 
agreement,  under  the  corporate  seal  of  the  City  of  Colo- 
rado Springs,  with  the  Colorado  Springs  Gas  and  Electric 
Company,  ratifying  and  confirming  to  and  unto  The  Colo- 
rado Springs  Gas  and  Electric  Company  the  right  of  way' 
privilege  and  franchises  granted  by  this  ordinance  in  rela- 
tion to  the  manufacture  and  distribution  of  gas  and  elec- 
tricity, and  confirming  and  extending  said  contract  of  April 


GAS^  ELECTRIC  LlGllT^  HEAT  AND  POWER.  1 1 

7,  1890,  in  consideration  of  said  corporation  ratifying 

adopting  and  extending  said  contract,  under  its  corporate 
seal. 

Section  9.  That  if  the  said  The  Colorado  Springs  Gas 
and  Electric  Company  shall  fail  to  perform  any  part  or 
portion  of  its  promises,  covenants  and  agreements  embraced 
in  its  contract  with  the  City,  as  contemplated  by  the  pro- 
visions of  this  ordinance  or  in  any  substantial  manner  fail 
to  comply  with  the  provisions  of  this  ordinance,  then,  and 
in  that  event,  the  said  company  shall  forfeit  and  surrender 
any  and  all  rights,  privileges  and  franchises  conferred  or 
granted  by  this  ordinance,  and  it  is  hereby  expressly  pro- 
vided and  declared  that  no  exclusive  franchise  or  privilege 
is  intended  to  be  granted  and  conferred  upon  the  said  The 
Colorado  Springs  Gas  and  Electric  Company  by  the  pro- 
visions of  this  ordinance. 

Passed  March  7,  1898. 


AN  ORDINANCE 

Granting  Certain  Privileges  to  The  Bl  Paso  Electric  Company 
Be  It  Ordained  by  the  City  Council  oe  the  City  of 
Colorado  Springs : 

Section  i.  Permission  is  hereby  granted  to  The  El 
Paso  Electric  Company  to  construct  and  maintain  in  all 
the  streets,  alleys  and  public  grounds  of  this  city,  a line  of 
wires  or  other  electrical  conductors,  to  be  used  for  the  pur- 
pose of  conducting  electrical  currents  for  transmitting  the 


12 


GAS,  liGIiCTRlC  LIGHT,  IlIJAT  ANJD  POWER. 


incandescent  and  electrical  light.  [As  amended  by  Ordi- 
nance 268,  May  2,  1887.] 

Passed  May  2,  1887. 

Section  2.  All  wires  shall  be  run  on  poles  of  not  less 
than  thirty  feet  in  height,  such  poles  each  to  be  not  less  than 
four  inches  in  diameter  at  the  smaller  end,  and  to  be  erected 
and  placed  in  such  places  as  the  City  Council,  by  its  com- 
mittee on  streets,  alleys  and  ditches,  may  direct. 

Section  3.  Said  company  shall  at  all  times  protect 
their  wires  and  appliances  by  such  insulation,  coating  of 
wires  with  non-conducting  material  and  '‘cut-outs”  as  are 
necessary  to  render  the  use  of  such  electrical  currents  safe  to 
life  and  property  within  the  city,  and  all  such  safeguards 
as  science  and  experience  may  demonstrate  will  aid  thereto. 

Section  4.  The  said  company  shall  not  charge  to  con- 
sumers more  than  three  and  one-half  cents  per  hour  for  each 
sixteen  candle  light,  and  shall  furnish  the  said  light  to  all 
persons  residing  upon  the  streets  where  its  wires  extend  and 
who  shall  promptly  pay  for  said  light. 

Section  5.  Unless  the  said  company  shall  within  four 
months  after  the  passage  of  this  ordinance,  in  good  faith, 
commence  the  construction  of  its  works  herein  authorized, 
the  rights  and  privileges  herein  granted  shall  be  forfeited 
and  of  no  effect. 

Passed  July  12,  1886. 


GAS,  ELECTRIC  EIGHT,  HEAT  AND  POWER.  1 3 

AN  ORDINANCE 

Relating  to  the  Bl  Paso  Blectrie  Company,  and  Granting 
to  said  Company  the  Right  to  Construct,  Maintain  and 
Operate  an  Blectrie  Light  Plant  in  the  City  of  Colorado 
Springs,  to  Brect  Poles  and  Suspend  Wires  in  Certain 
Places,  and  to  Furnish  Light,  Power,  Heat,  Btc.,  to 
Public  and  Private  Parties,  and  to  Repeal  All  Ordi- 
nances Conflicting  Herewith. 

Be  It  Ordained  by  the  City  Council  of  the  City  of 
Colorado  Springs: 

Section  i.  That  from  the  date  of  the  passage  hereof, 
and  for  the  full  term  of  twenty-five  years  therefrom,  sub- 
ject to  the  conditions  hereinafter  'provided.  The  El  Paso 
Electric  Company,  a Colorado  corporation,  acting  under 
its  present  charter  or  any  extension  thereof,  be,  and  it  here- 
by is,  granted  the  right,  privilege  and  authority  to  establish, 
construct,  maintain,  operate  and  own  within  said  city,  an 
electric  plant,  and  to  manufacture,  generate,  distribute  and 
sell  electricity  for  light,  heat,  power  or  other  useful  pur- 
poses to  all  persons,  associations  or  corporations,  either 
public  or  private,  within  said  City  of  Colorado  Springs  de- 
siring the  same. 

Section  2.  For  the  proper  exercise  of  its  said  powers, 
permission,  license  and  authority  is  hereby  given  said  com- 
pany to  construct  and  maintain  in  all  the  streets,  alleys 
and  public  grounds  of  this  city,  lines  of  wires  or  other 
electrical  conductors  for  the  purpose  of  transmitting  elec- 
tricity for  the  uses  aforesaid. 

Section  3.  All  wires  shall  be  carried  on  poles  not  less 
than  thirty  (30)  feet  in  height,  such  poles  to  be  not  less 


14 


('rAS,  KUCCTKIC  U(;J1T,  IIKAT  AND  POWI^R. 


than  four  (4)  inches  in  diameter  at  the  smaller  end,  and  to 
l)e  erected  so  as  to  least  inconvenience  the  public,  and  in 
such  ])laces  as  the  City  Council,  by  its  committee  on  streets, 
alleys  and  bridges  may  direct.  Proznded,  however,  that  the 
poles,  wires  and  system  now  in  use  or  operated  by  said  com- 
pany under  a previous  license  in  said  city,  may  be  con- 
tinued in  use  by  the  said  company  in  the  exercise  of  the 
rights  and  powers  herein  conferred. 

v^ECTioN  4.  Said  company  shall  at  all  times  protect  its 
wires  and  other  electrical  appliances  by  such  insulation, 
coating  of  wires  with  non-conducting  material,  and  cut  outs 
as  are  necessary  to  render  the  use  of  its  electrical  current 
safe  to  life  and  property  within  this  city,  and  shall  equip 
its  line  with  such  safeguards  as  science  and  experience  may 
demonstrate  will  aid  thereto. 

Section  5.  The  said  company  shall  not  charge  con- 
sumers more  than  two  cents  (2c.)  per  hour  for  each  sixteen 
(16)  candle  power  light,  and  shall  furnish  said  light  to  all 
persons  residing  contiguous  to  its  wire  mains  who  shall 
promptly  pay  for  said  light. 

Section  6.  The  said  company  shall,  within  six  months 
from  the  date  of  the  passage  hereof,  enter  upon  the  con- 
duct of  the  business  of  furnishing  electric  light  and  elec- 
tric jiower  authorized  herein ; and  in  default  thereof  all 
rights  and  privileges  herein  granted  sliall  be  and  become  for- 
feited and  of  no  effect. 

Section  7.  All  ordinances  and  parts  of  ordinances 
heretofore  passed  relating  to  or  in  conflict  herewith  are 
hereby  repealed. 

Passed  September  16,  A.  I).  1897. 


GAS,  EUCCTKIC  IJCGIT,  JIKAT  AXD  I’OWJCK. 


15 


AN  ORDINANCE 

Relating  to  the  Citizens'  Light,  Heat  and  Pozuer  Company, 
and  Granting  to  said  Company  the  Right  to  Construct, 
Maintain  and  Operate  Electric  Light,  Heat  and  Pozuer 
Works  in  the  City  of  Colorado  Springs,  to  Erect  Poles 
and  Snspend  Wires  in  Certain  Places  and  to  Furnish 
Light,  Heat  and  Pozver  to  Customers  and  Granting  to 
the  said  Company  the  Right  of  Way,  along  Streets, 
Alleys  and  Public  Grounds^  of  said  Gity  for  such  Pur- 
poses. 

P)E  It  Ordained  bv  the  City  Council  of  the  City  of 
Colorado  Springs  : 

Section  i.  That  from  the  date  of  the  passage  hereof, 
and  for  the  full  term  of  twenty-five  (25)  years  therefrom, 
subject  to  the  conditions  herein  provided.  The  Citizens 
Light,  Heat  & Power  Company,  a Colorado  corporation,  its 
successors  and  assigns,  be  and  it  is  hereby  granted  the 
right,  privilege  and  authority  to  establish,  construct,  main- 
tain, operate  and  own  within  said  city,  electric  light,  elec- 
tric heat  and  electric  power  works,  and  sub-stations  for 
transforming,  and  to  manufacture,  generate,  distribute,  fur- 
nish and  sell  the  electricity  for  light,  heat  and  power,  or 
other  useful  purposes,  to  all  persons,  associations  or  cor- 
porations either  public  or  private  residing  or  doing  business 
within  said  City  of  Colorado  Springs  desiring  the  same  upon 
payment  by  such  persons,  associations,  or  corporations  of 
the  then  prevailing  current  price  therefor,  not  more,  how- 
ever, than  the  maximum  prices  hereinafter  mentioned. 

Section  2.  For  the  proper  exercise  of  its  said  powers, 
permission,  license  and  authority  is  hereby  given  to  said 
company  to  construct  and  maintain  in  the  streets,  alleys 


l6  ('.AS,  ELKCTKIC  IJCllT,  HEAT  AND  POWER. 

and  public  grounds  of  said  city,  poles,  lines  of  wire  or 
other  approved  and  proper  electrical  conductors  for  the 
])urpose  of  transmitting  and  distributing  electricity  for  the 
uses  and  purposes  aforesaid. 

Section  3.  All  wires  shall  be  carried  on  poles  of  wood 
or  iron.  Wooden  poles  shall  be  shaved  and  painted  and  shall 
be  not  less  than  thirty  (30)  feet  in  height  and  not  less  than 
four  {4)  inches  in  diameter  at  the  smaller  end.  Iron  poles 
shall  be  not  less  than  twenty  (20)  feet  in  height  above 
ground  and  not  less  than  two  (2)  inches  in  diameter  at 
the  upper  end.  All  poles  shall  be  placed  on  curb  lines  of 
all  streets  and  in  no  case  to  extend  beyond  the  curb  lines 
into  the  street ; and  on  lot  lines  extended  on  both  streets 
and  alleys  ; all  poles  to  be  placed  on  alleys  where  possible, 
the  City  Council  to  determine  the  same ; all  poles  to  be 
straight.  Provided,  that  in  no  case  shall  poles  be  required 
to  be  further  apart  than  one  hundred  ( 100)  feet,  unless  it 
be  necessary  to  place  poles  more  than  one  hundred  (100) 
feet  apart  in  crossing  streets. 

Section  4.  That  the  said  The  Citizens  Light,  Heat 
& Power  Company  is  hereby  granted  the  right  to  sell  the 
said  electricity  for  light,  heat  and  power  to  all  persons,  bodies 
or  corporations  within  the  said  city  desiring  to  purchase 
the  same,  and  generally  to  have  all  the  rights,  privileges 
and  franchises  proper  and  necessary  for  the  successful 
transaction  and  carrying  on  of  the  business  of  making, 
transforming,  transmitting,  distributing  and  'selling  electric- 
ity, electric  light,  electric  heat  and  electric  power  in  said 
city.  Provided,  that  the  said  company  shall  not  charge  con- 
sumers more  than  nine  (9)  mills  per  hour  for  each  16  candle 
])ower  of  light,  or  eighteen  (18)  cents  per  thousand  Watt 
hours. 

Section  5.  Said  company  shall  at  all  times  protect  its 


GAs^  ei.e:ctric  light^  heat  and  power.  17 

wires  and  .other  electric  appliances  by  such  insulation,  coat- 
ing of  wires  with  non-conducting  material,  and  cut-outs 
as  are  necessary  to  render  the  use  of  its  electrical  current 
safe  to  life  and  property  within  said  city,  and  shall  equip 
its  lines  with  such  safeguards  as  science  or  experience 
may  demonstrate  will  add  thereto,  under  the  direction  and 
supervision  of  the  city’s  chief  engineer,  or  the  city  electrician, 
should  there  be  one.  And  the  City  of  Colorado  Springs, 
through  its  chief  engineer,  shall  have  the  power  and  right 
at  any  and  all  times,  in  the  matter  of  protection  to  life 
and  property  in  the  case  of  fire  or  any  other  emergency, 
to  require  the  said  company  to  cut  off  any  current  as  long 
as  'Such  emergency  exists. 

Section  6.  The  said  company  shall,  within  fifteen  (15) 
days  after  the  passage  of  this  ordinance,  file  with  the  city 
clerk  a bond  in  the  penal  sum  of  twenty-five  thousand  dol- 
lars ($25,000.00)  to  be  approved  by  the  City  Council  of 
said  city,  conditioned  that  the  said  company  shall,  within 
ninety  (90)  days  from  the  final  passage  of  this  ordinance, 
begin  the  construction  of  its  plant  for  use  in  furnishing 
light,  heat  and  power  as 'above,  and  shall,  within  twelve 
(12)  months  from  the  date  of  the  approval  of  this  ordi- 
nance, by  popular  vote,  as  required  by  law,  enter  upon  the 
conduct  of  the  business  of  furnishing  electric  light,  electric 
heat  and  electric  power  as  authorized  herein,  and  in  de- 
fault thereof  shall  forfeit  said  twenty-five  thousand  dollar 
($25,000.00)  bond  to  the  City  of  Colorado  Springs,  and 
thereupon  all  of  the  rights,  privileges  and  franchises  herein 
granted  shall  be  and  become  forfeited  and  of  no  effect, — 
labor  strikes,  unavoidable  accidents,  delays  not  caused  by 
said  company,  and  acts  of  God  excepted. 

Section  7.  That  the  said  The  Citizens  Light,  Heat  & 
Power  Company  shall  furnish  light,  heat  and  power  to  the 

2 


('AS,  JCUCCTJ^IC  I.K'.JIT,  JJEAT  AND  POWER. 

City  of  Colorado  Springs  for  its  Ijiiildings  and  city  offices 
at  a rate  not  to  exceed  nine  (9)  cents  per  thousand  Watt 
hours,  and  to  furnish  arc  lights,  commercially  known  as 
standard  2,000  candle  power,  to  the  City  of  Colorado  Springs 
at  a price  not  to  exceed  eighty-five  dollars  ($85.00)  per 
light  ])er  year,  when  such  light,  heat  and  power  are  re- 
fpiested  by  said  city.  The  number  of  arc  lights  to  be  not 
less  than  one  hundred  and  twenty  (120). 

Section  8.  That  The  Citizens  Light,  Heat  & Power 
Company  shall  give  a good  and  sufficient  bond  in  the  penal 
sum  of  twenty-five  thousand  dollars  ($25,000.00)  to  the  City 
of  Colorado  Springs,  conditioned  for  the  payment  to  all 
persons,  corporations,  associations  and  the  City  of  Colorado 
Springs,  of  any  damages  sustained  by  them,  or  any  of  them, 
or  by  the  City  of  Colorado  Springs,  and  for  which  the 
said  company  may  be  in  law  bound  and  held  by  reason  of 
any  acts  of  omission  or  commission  or  of  negligence  on 
the  part  of  the  said  The  Citizens  Light,  Heat  & Power 
Company,  said  bond  to  be  approved  by  the  City  Council. 

Section  9.  That  the  City  of  Colorado  Springs  hereby 
reserves  to  itself  the  right  to  string  or  erect  its  telephone  or 
fire  alarm  wires  on  the  poles  of  said  company,  or  in  its 
underground  conduits,  free  of  charge  and  without  molesta- 
tion by  said  The  Citizens  Light,  Heat  & Power  Company. 

Section  10.  That  the  said  The  Citizens  Light,  Heat  & 
Power  Company  shall  annually,  beginning  five  (5)  years 
after  the  said  plant  of  said  company  is  put  in  operation, 
jiay  to  the  City  of  Colorado  Springs  one  ( i ) per  cent,  of 
its  gross  earnings  within  said  city  during  each  and  every 
vear  of  the  ensuing  five  years  said  plant  is  operated,  and 
two  (2)  per  cent,  thereafter  each  year  until  the  expiration 
of  this  franchise.  Said  payment  to  be  made  on  the  15th 
(lav  of  JanuaiA'  of  each  year,  and  be  ascertained  and  esti- 


GAS,  ei.e:ctric  light,  heat  and  power. 


19 


mated  on  the  gross  earnings  for  the  year  immediately  pre- 
ceding, and  upon  the  failure  of  said  company  so  to  pay,  the 
rights,  privileges  and  franchises  hereby  granted  shall  be 
forfeited  and  this  ordinance  become  void  and  of  no  effect. 
And  the  said  The  Citizens  Light,  Heat  & Power  Company 
shall,  on  the  15th  day  of  January  of  each  year  during  the 
life  of  this  franchise,  furnish  to  the  City  Clerk  of  the  City 
of  Colorado  Springs  a certified  statement  of  the  gross  earn- 
ings for  the  year  preceding  such  statement.  The  mayor 
and  the  city  clerk  of  the  City  of  Colorado  Springs  shall  have 
the  right  to  examine  the  books  of  The  Citizens  Light,  Heat 
& Power  Company  to  ascertain  what  amount  is  due  the 
City  of  Colorado  Springs  at  any  time. 

Section  ii.  Whenever  it  shall  be  deemed  necessary 
by  the  City  Council  to  order  all  of  the  wires  of  electric 
light  plants,  gas  plants  and  telephone  wires,  and  also  any 
and  all  other  wires  which  may  be  subject  to  such  order  of 
the  City  Council  of  the  City  of  Colorado  Springs,  to  be 
placed  in  underground  conduits  in  any  portion  of  territory 
included  within  the  corporate  limits  of  said  city.  The  Citi- 
zens Light,  Heat  & Power  Company  shall,  on  being  di- 
rected so  to  do  under  the  order  of  the  City  Council,  place 
its  wires  within  said  city  in  underground  conduits  in  com- 
pliance with  such  order  made  and  entered  by  the  City 
Council. 

Section  12.  The  right  is  hereby  expressly  reserved  to 
the  City  of  Colorado  Springs  to  purchase  or  condemn  the 
works  herein  authorized  to  be  constructed,  in  the  manner, 
at  the  times  and  on  the  basis  of  valuation  as  follows,  to-wit : 

That  the  city,  by  resolution  of  its  City  Council,  at 
least  thirty  (30)  days  prior  to  the  expiration  of  ten  (10) 
years,  fifteen  (15)  years,  twenty  (20)  years,  and  twenty- 
five  (25)  years  respectively,  hereafter,  serve  written  notice 


20 


('.AS,  EU2CTK1C  LK'.HT,  HEAT  AND  POWER. 


upon  the  chief  officer  of  said  The  Citizens  Light,  Heat  & 
Power  Company  of  its  desire  to  purchase  said  works ; and 
the  said  company  hereby  binds  itself,  at  the  expiration  of 
the  several  periods  aforesaid,  and  within  thirty  (30)  days 
thereafter  respectively,  to  sell  to  said  city  said  works  for 
cash,  at  a price  to  be  estimated  and  fixed  by  excluding  all 
value  of  the  franchises  and  privileges  hereby  granted,  the 
right  of  way  through  the  streets  of  the  city,  and  the  value 
of  any  contract  for  its  unexpired  term,  for  the  heat,  power 
and  lights  herein  provided  to  be  furnished,  with  said  city, 
and  in  the  event  that  said  company  refuses  to  agree  with 
the  city  upon  the  valuation  aforesaid,  then  the  city  may 
condemn  said  works  on  the  basis  of  valuation  as  aforesaid 
and  shall  acquire  title  to  the  same  only  upon  the  prior 
payment  therefor  of  the  value  so  ascertained  to  the  said 
The  Citizens  Light,  Heat  & Power  Company,  according 
to  the  manner  provided  for  in  purchasing  or  condemning 
water  wgrks,  gas  works  or  electric  light  works  by  cities, 
as-  provided  in  the  Session  Laws  of  Colorado  of  1899,  at 
pages  419-420. 

It  is  expressly  understood  and  agreed  that  The  Citizens 
Light,  Heat  & Power  Company  shall  not  sell  or  dispose  of 
its  plant  to  any  person,  association  or  corporation  without 
first  oft'ering  the  same  to  the  City  of  Colorado  Springs,  who 
reserves  this  right  to  purchase  said  plant  whenever  said 
plant  is  offered  for  sale ; and,  further.  The  Citizens  Light, 
Heat  & Power  Company  shall  not  sell  or  transfer  its  rights 
hereby  granted  to  any  other  person  or  company,  nor  enter 
into  any  agreement  or  combination  with  any  other  com- 
pany having  a light,  heat  and  power  franchise,  privileges 
and  rights  within  the  city  for  the  purpose  of  increasing 
the  prices  and  rates  of  light,  heat  and  power. 

Section  13.  This  ordinance  shall  be  in  force  after  its 


GAS^  ELECTRIC  LIGHT^  HEAT  AND  POWER. 


21 


passage,  publication  and  approval  by  the  electors  of  the 
city,  as  required  by  law. 

Passed  February  5,  1900. 


AN  ORDINANCE 

Submitting  to  the  Electors  Within  the  City  of  Colorado 
Springs,  zvho  are  Taxpayers,  at  the  Central  City  Elec- 
tion to  he  held  in  said  City  on  Tuesday,  April  grd,  A.  D. 
igoo,  an  Ordinance  Entitled  ''An  Ordinance  Relating  to 
the  Citizens  Light,  Heat  & Power  Company,  and  Grant- 
ing to  said  Company  the  Right  to  Construct,  Maintain 
and  Operate  Electric  Light,  Heat  and  Power  Works  in 
the  City  of  Colorado  Springs;  to  Erect  Poles  and  Sus- 
pend Wires  in  Certain  Places  and  to  Furnish  Light, 
Heat  and  Power  to  Consumers ; and  Granting  to  the  said 
Company  the  Right  of  Way  along  Streets,  Alleys  and 
Public  Grounds  of  said  City  for  such  Purposes/’ 
Passed  February  5^/1,  A.  D.  igoo,  for  their  Approval 
or  Disapproval. 

Be  It  Ordained  by  the  City  Council  of  the  City  of 
Colorado  Springs: 

Section  i.  That  at  the  general  city  election  to  be  held 
on  Tuesday,  /\pril  3rd,  A.  D.  1900,  there  shall  be  submitted 
to  the  electors  of  said  city,  who  are  taxpayers,  for  their 
approval  or  clisapproval,  an  ordinance  of  said  city  entitled, 
“An  Ordinance  Relating  to  The  Citizens  Light,  Heat  & 
Power  Company,  and  granting  to  said  company  the  right 
to  construct,  maintain  and  operate  electric  light,  heat 
and  power  works  in  the  City  of  Colorado  Springs ; to 


22 


GAS^  ei.e:ctric  eight,  heat  and  power. 


erect  poles  and  suspend  wires  in  certain  places  and  to  fur- 
nish light,  heat  and  power  to  consumers ; and  granting  to 
the  said  company  the  right  of  way  along  streets,  alleys  and 
public  grounds  of  said  city  for  such  purposes.”,  passed 
February  5th,  A.  D.  1900,  authorizing  The  Citizens  Light, 
Heat  & Power  Company  to  erect,  maintain  and  operate  elec- 
tric light,  heat  and  power  works  within  said  city. 

Section  2.  Voters  approving  of  the  passage  of  said 
ordinance,  and  of  the  granting  of  the  rights,  privileges  and 
franchises  therein  contained,  will  deposit  a ballot  with  the 
words  printed  thereon  “For  the  electric  light,  heat  and 
power  works.”  And  those  who  disapprove  of  the  same 
will  deposit  a ballot  with  the  words  printed  thereon,  ‘‘Against 
the  electric  light,  heat  and  power  works.” 

Section  3.  The  judges  acting  at  said  election  shall 
have  power  to  determine  the  qualifications  of  electors  to 
vote  on  said  proposition  and  for  such  purposes  are  author- 
ized to  administer  oaths.  A separate  ballot  box  shall  be 
provided  for  said  ballots,  to  be  placed  in  the  charge  and 
keeping  of  said  judges,  in  which  said  ballots  shall  be  de- 
posited as  received  and  numbered  in  the  same  manner  as  the 
ballots  of  voters  at  the  general  election.  Separate  poll  books 
and  tally  sheets  shall  also  be  provided,  to  be  kept  by  the 
clerks  of  said  election.  The  said  judges  shall  distribute 
to  electors,  who  are  tax  payers,  said  ballots  as  the  same  may 
be  required,  and  receive  and  deposit  the  same  in  said  ballot 
box,  and  after  said  polls  have  been  closed,  shall,  within 
twenty-four  hours  thereafter,  return  to  the  city  clerk  of 
said  city  said  ballots,  ballot  boxes,  poll  books  and  tally 
sheets,  with  a certificate  under  their  hands  showing  how 
many  votes  have  been  cast  for  and  how  many  votes  have 
been  cast  against  said  ordinance.  Before  distributing  said 
ballots  to  electors,  as  required,  one  of  said  judges  shall 


GAS,  ELECTRIC  LIGHT,  HEAT  AND  POWER. 


23 


write  his  initials  in  ink  on  the  back  of  said  ballots.  The 
])oll  books,  tally  sheets  and  ballot  boxes  above  mentioned 
shall  be  furnished  by  the  city  clerk  at  the  opening  of  said 
polling  places.  Said  poll  books,  tally  sheets  and  certifi- 
cates shall  be  securely  enclosed  and  sealed  by  said  judges, 
directed  to  the  city  clerk  and  on  the  outside  thereof  marked 
“Franchise  poll  books,  franchise  tally  sheets  and  franchise 
certificates”  and  also  the  number  of  the  voting  precinct 
shall  be  noted  thereon.  At  the  first  meeting  of  the  City 
Council  thereafter,  the  city  clerk  shall,  in  the  presence  of 
the  Council,  break  said  seals  and  said  returns  shall  be  then 
and  there  canvassed  by  said  Council  and  the  vote  for  and 
against  said  franchise  ordinance  ascertained  and  announced 
and  the  result  thereof  spread  upon  the  record,  and  if  a ma- 
jority vote  has  been  cast  in  favor  of  said  franchise  ordi- 
nance, the  records  of  said  City  Council  shall  declare  that 
the  said  franchise  ordinance,  granting  to  said  The  Citizens 
Light,  Heat  & Power  Company  the  rights,  privileges  and 
easements  to  it  granted,  has  been  approved  by  a majority  of 
the  voters  of  the  city  who  are  taxpayers,  and  that  the  same 
from  that  date  shall  be  and  is  in  full  force  and  effect  ac- 
cording to  its  terms  and  provisions. 

Section  4.  That  the  said  The  Citizens  Light,  Heat  & 
Power  Company  shall  deposit  with  the  city  treasurer  of 
said  city  the  sum  of  two  thousand  dollars  ($2,000),  the 
said  sum  to  be  subject  to  draft  or  warrants  signed  by  the 
mayor  and  city  clerk  to  be  applied  on  the  expenses  in- 
curred by  this  franchise  election ; said  sum  to  be  so  de- 
posited within  five  days  after  the  passage  of  this  ordinance. 
Provided,  that  any  part  of  said  two  thousand  dollars 
($2,000)  that  is  not  used  or  applied  in  payment  of  the  ex- 
penses of  said  election,  shall,  within  fifteen  days  after  said 


GAS,  KGI^CTRIC  Ur.lJT,  liKAT  AND  I’OWHR. 


-^4 

election,  be  returned  to  the  said  The  Citizens  Light,  Heat 
c\:  Lower  Company. 

SiiCTioN  5.  This  ordinance  shall  be  in  force  from  and 
after  its  passage  and  publication  as  required  by  law. 

I’assed  February  21,  A.  D.  1900. 


AN  ORDINANCE 

Relating  to  The  Colorado  Springs  Electric  Company,  and 
Cranthig  to  the  said  Company  the  Right  to  Construct, 
Maintain  and  Operate  Works  for  Generating,  Produc- 
ing and  Distributing  Steam  and  Hot  JVater  for  Heat 
and  Other  Purposes,  and  Granting  to  the  said  Com- 
pany the  Right  of  Way  along  Streets,  Alleys  and  Pub- 
lic Grounds  of  said  City  for  such  Purposes. 

Ln  It  Ordatn:ed  by  the  City  Council  ot  the  City  oe 
Colorado  Springs: 

Section  i.  That  from  the  date  and  the  passage  hereof 
and  for  the  full  term  of  twenty  years  therefrom,  subject  to 
the  conditions  herein  provided,  the  Colorado  Springs  Elec- 
tric Company,  a Colorado  corporation,  its  successors  and 
assigns,  be  and  it  is  hereby  granted  the  right,  privilege  and 
authority  to  establish,  construct  and  maintain,  operate  and 
own  within  the  said  city,  all  buildings,  apparatus,  machin- 
ery, works,  lines  of  pipe  and  mains  necessary  for  the  gen- 
eration, production  and  distribution  of  steam  and  hot  water 
for  heating,  power  and  other  purposes,  and  to  sell  steam 
and  hot  water  to  all  persons,  associations  or  corporations, 
public  or  private,  within  the  said  City  of  Colorado  Springs. 


GAS,  EGDCTRIC  LIGHT,  HEAT  AND  POWER.  25 

Section  2.  That  the  said  The  Colorado  Springs  Electric 
Company,  its  successors  and  assigns,  be  and  it  is  hereby 
granted  the  right-of-way  to  lay  its  mains,  pipes,  fixtures 
and  connections  under  and  along  any  of  the  streets,  alleys 
and  public  places  of  the  said  City  of  Colorado  Springs  for 
the  purpose  of  conveying  and  distributing  steam  and  hot 
water  within  the  said  city  for  heating,  power  and  other 
purposes  and  generally  to  have  all  rights,  privileges  and 
franchises,  proper  and  necessary  for  the  successful  prosecu- 
tion of  the  business  of  generating,  producing,  distributing 
and  selling  steam  and  hot  water  in  the  City  of  Colorado 
Springs  for  heat,  power  and  other  purposes. 

Section  3.  The  said  company  shall  within  four  months 
from  the  final  passage  of  this  ordinance  begin  the  construc- 
tion of  such  additions  to  its  present  electric  lighting  works, 
erected  and  now  being  operated  under  certain  franchises 
heretofore  granted  and  now  held  by  said  company  as  by 
assignment  as  may  be  necessary  for  furnishing  steam  or 
hot  water  as  above  provided,  and  shall  within  eighteen 
months  from  the  date  of  the  final  passage  of  this  ordinance 
enter  upon  the  conduct  of  the  business  of  furnishing  steam 
or  hot  water  as  authorized  herein,  and  in  default  thereof 
all  of  the  rights,  privileges  and  franchises  herein  granted 
shall  be  and  become  forfeited  and  of  no  effect,  acts  of  God, 
labor  strikes,  unavoidable  accidents  and  delays  not  caused 
by  said  company  excepted.  Provided  however,  that  noth- ' 
ing  in  this  ordinance  shall  be  construed  as  giving  to  said 
company  the  right  to  erect  or  maintain  any  plant  for  the 
generation  of  steam  or  the  heating  of  water  for  distribu- 
tion, at  any  place  within  the  City  of  Colorado  Springs 
other  than  the  site  of  its  electric  lighting  works  in  Block 
No.  276,  in  Addition  No.  i,  without  first  obtaining  the  con- 
sent of  the  City  Council. 


26 


GAS,  KGI^CTKIC  UGilT,  IIISAT  AND  POWKK. 


SECTION  4.  All  mains,  pipes,  fixtures  and  connections 
laid  by  the  said  company  under  or  along  any  of  the  streets, 
alleys  or  public  places  of  the  said  city  under  the  authority 
herein  granted  shall  be  so  located  as  not  to  interfere  with 
any  of  the  existing  sewers,  water-mains  or  gas-mains,  and 
shall  be  located  and  constructed  according  to  plans  to  be 
previously  approved  by  the  city  engineer  and  street  com- 
mittee of  the  City  Council  of  the  City  of  Colorado  Springs. 
All  mains  shall  be  of  extra  heavy  weight  and  incased  in 
wood  or  other  suitable  covering.  The  right-of-way  herein 
granted  to  lay  and  maintain  such  mains,  pipes,  fixtures  and 
connections  shall  be  subject  to  all  ordinances  of  the  City 
of  Colorado  Springs  which  may  at  any  time  be  in  force  in 
relation  to  the  manner  of  constructing  and  maintaining 
pipes  and  mains  in  such  streets,  alleys  or  public  places, 
and  the  making  and  guarding  of  excavations  therefor,  and 
the  said  company  shall  be  at  all  times  responsible  for  any 
damages  to  streets,  persons  or  property  resulting  from  any 
act  or  negligence  of  said  company  by  reason  thereof.  All 
streets  to  be  left  in  as  good  condition  as  before  laying  pipes, 
and  mains. 

Section  5.  The  said  company  shall  not  charge  consum- 
ers more  than  four  dollars  per  heating  year,  viz:  from  the 
first  day  of  October  to  the  first  day  of  June,  for  each  thou- 
sand cubic  feet  of  space  heated  by  steam  or  hot  water  sup- 
plied by  it  under  or  by  virtue  of  the  rights  and  privileges 
herein  granted  and  a corresponding  price  for  the  use  of  such 
steam  or  hot  water  for  power  or  other  purposes,  and  shall 
supply  to  the  city  during  each  said  heating  year  all  steam 
required  for  heating,  power  or  other  purposes  in  the  city 
hall  building  at  one-half  the  company’s  average  price  to 
other  consumers  for  the  current  heating  year  as  above  de- 


GAS,  ELECTRIC  LIGHT,  HEAT  AND  POWER. 


27 


fined,  the  city  to  supply  the  connections  between  such  mains 
and  said  ljuilding. 

Section  6.  The  said  The  Colorado  Springs  Electric 
Company  shall  annually,  beginning  two  years  after  the  plant 
of  the  said  company  for  generating,  producing  and  distribut- 
ing steam  or  hot  water  is  put  in  operation,  pay  to  the  City 
of  Colorado  Springs  one  per  cent,  of  its  gross  earnings 
within  said  city  from  the  sale  of  such  steam  or  hot  water 
for,  heat  and  other  purposes  during  each  and  every  year 
during  the  ensuing  three  years  the  said  plant  is  operated, 
and  two  per  cent,  of  such  gross  earnings  thereafter  each 
year  until  the  expiration  of  this  franchise.  The  said  pay- 
ment is  to  be  made  on  the  fifteenth  day  of  January  of  each 
year,  and  the  said  The  Colorado  Springs  Electric  Company 
shall  on  the  fifteenth  day  of  January  of  each  year  during 
the  life  of  this  franchise  during  which  such  percentage  is 
payable,  furnish  the  city  clerk  or  auditor  of  the  City  of 
Colorado  Springs  a certified  statement  of  such  gross  earn- 
ings for  the  year  preceding  such  statement.  The  mayor 
and  the  city  clerk,  or  auditor  of  the  City  of  Colorado  Springs 
shall  have  the  right  to  examine  the  books  of  the  said  com- 
pany, so  far  as  such  books  relate  to  the  earnings  of  said 
company  from  the  sale  of  steam  or  hot  water  for  heat  and 
other  purposes,  to  ascertain  what  amount  is  due  the  City 
of  Colorado  Springs. 

Section  7.  If  the  said  The  Colorado  Springs  Electric 
Company  shall  in  any  substantial  manner  fail  to  comply 
with  the  provisions  of  this  ordinance,  then  and  in  that  event 
the  said  company  shall  at  the  option  of  the  City  Council, 
forfeit  and  surrender  any  and  all  further  rights,  privileges 
and  franchises  conferred  or  granted  by  this  ordinance,  and 
it  is  hereby  expressly  provided  and  declared  that  no  ex- 


28 


GAS,  KLISCTKIC  LIGHT,  liEAT  AND  POWER. 


elusive  franchise  or  privile,^e  is  intended  to  be  granted  or 
conferred  upon  the  said  The  Colorado  Springs  Electric  Com- 
])any  by  the  provisions  of  this  ordinance. 

Section  8.  The  said  The  Colorado  Springs  Electric 
Company  shall  give  a good  and  sufficient  bond  in  the  penal 
sum  of  ten  thousand  dollars  ($10,000.00)  to  the  City  of 
Colorado  Springs,  conditioned  on  the  payment  to  all  persons, 
corporations,  associations  and  the  City  of  Colorado  Springs 
of  any  and  all  damages  which  may  be  sustained  by  them,  or 
any  of  them,  for  which  the  said  company  may  be  in  law 
bound  and  held  by  reason  of  .any  act  of  negligence  on  the 
part  of  said  company,  said  bond  to  be  approved  by  the  City 
Council. 

Passed  August  6,  A.  D.  1900. 


AN  ORDINANCE 

Granting  to  George  W.  Jaekson,  his  Assoeiates,  or  Assigns, 
the  Use  of  Water  Pozoer,  Right  of  Way  and  the  Right 
to  Lay  Undergro2iiid  Gonduits,  and  Wire  Gables,  to 
Gonstniet  Manholes  and  to  Erect  Poles  and  Wires  on 
the  Streets  and  Alleys  and  upon  the  Property  of  the 
Gity  of  Golorado  Springs. 

Be  It  Ordained  by  the  City  Council  oe  the  City  of 
Colorado  Springs: 

Section  i.  From  and  after  the  date  of  the  passage  of 
this  ordinance  and  for  the  full  and  complete  period  of 
twenty-five  (25)  years,  George  W.  Jackson,  of  Colorado 
Springs,  El  Paso  County,  Colorado,  his  associates  or  as- 


GAS,  EIvKCTRIC  light,  HEAT  AND  POWER. 


29 


signs,  shall  have,  and  are  hereby  granted,  the  right,  privi- 
lege and  license  to  lay,  construct  and  maintain  underground 
conduits,  cables  and  wires  and  to  construct  necessary  man- 
holes and  make  connections  |therewith,  (and  outside  of 
the  fire  limits  of  the  city  of  Colorado  Springs,  as  the  same 
shall  be  constituted  at  the  time  of  the  passage  of  this  ordi- 
nance, to  erect  such  poles,  wires  and  appliances)  as  may 
be  necessary  for  the  transmission  and  sale  to  the  city  of 
Colorado  Springs  and  the  citizens  thereof  or  others  within 
or  without  the  corporate  limits  of  said  city,  of  electricity 
for  electrical  power,  and  for  the  transmitting  and  conduct- 
ing of  other  wires,  cables  and  pneumatic  tubes,  in  and 
through  the  streets  and  alleys  of  the  city  of  Colorado 
Springs,  or  any  extensions  or  additions  thereof  and  as  now 
described,  or  as  the  same  may  be  hereafter  described ; and 
to  operate  the  same  for  the  purposes  herein  set  forth,  and 
the  said  George  W.  Jackson,  his  associates  or  assigns,  shall 
have  the  right  to  rent  space  to  others  in  said  underground 
conduits  if  he  shall  desire. 

Provided,  however,  that  no  pole  or  poles  or  other  fix- 
tures shall  be  placed  where  the  same  will  interfere  with 
any  gas  lamp,  electric  light,  or  water  hydrant,  nor  shall 
any  such  pole  or  poles  be  placed  in  a street  except  at  the 
outer  edge  of  the  sidewalk,  or  in  any  alley  except  close  to 
the  line  of  the  lot  abutting  on  said  alley,  and  then  in  such 
a manner  as  not  to  interfere  with  vehicles  passing  through 
such  alley,  or  with  other  necessary  use  of  the  same. 

Section  2.  Also  from  and  after  the  passage  hereof  and 
during  the  period  of  twenty-five  years  thereafter  the  right 
to  construct,  maintain  and  operate  on  any  land  belonging 
to  or  controlled  by  ‘the  city  of  Colorado  Springs,  or  which 
may  hereafter  be  acquired  by  it,  at  points  most  feasible  for 
the  construction,  maintenance  and  operation  thereof  or 


30 


GAS^  ELECTRIC  LIGHT,  HLAT  AND  POWER. 


Upon  land  now  aapiired,  or  hereafter  acquired,  by  the  said 
George  W.  Jackson,  his  associates  or  assigns,  and  along,  by 
and  through  the  land  and  right  of  way  of  all  the  streams, 
reservoirs,  flnmes,  ditches,  pipe  lines  and  conduits,  belong- 
ing now  or  hereafter  to  the  water  system  of  the  said  city 
and  controlled  by  it ; pipe  lines,  conduits,  power  houses 
and  plants,  for  the  purpose  of  generating  by  water  power, 
and  transmitting,  electricity,  to  be  used  for  electrical  pur- 
poses, and  the  right  to  utilize  and  divert  for  the  generation 
of  such  power  all  the  water  of  any  streams,  ditches,  flumes, 
pipe  lines,  conduits,  and  reservoirs,  belonging  to  the  water ^ 
system  of  said  city,  or  controlled  by  it  now  or  hereafter ; 
also  the  right  during  said  term  to  construct,  maintain  and 
operate  dams  and  reservoirs  on  said  lands  of  said  city  and 
to  erect,  construct  and  maintain  on  said  lands  of  said  city 
all  necessary  poles,  wires  and  underground  conduits,  cables 
and  manholes  for  the  transmission,  transfer  and  delivery 
of  said  electrical  power  and  to  take  and  use  from  said  lands 
such  earth,  stone,  and  dead  timber  as  may  be  necessary  for 
the  construction  and  maintenance  of  said  power  houses, 
reservoirs,  plants  and  dams.  Provided,  the  use  of  said 
water  shall  neither  diminish  the  flow  thereof,  nor  pollute 
the  same,  and  that  all  water  diverted  from  the  water  sys- 
tem of  said  city  shall  be  returned  thereto  by  the  said  George 
W.  Jackson,  his  associates  or  assigns,  unimpaired;  nor 
shall  said  water  be  permitted  to  be  polluted  by  others  own- 
ing, controlling,  or  having  charge  of  the  said  power  houses, 
plants  and  conduits. 

Provided,  furtlwr,  that  the  city  of  Colorado  Springs 
hereby  does  and  always  shall  reserve  to  itself  the  right  and 
authority  to  determine  and  declare  what  constitutes  pollu- 
tion or  waste  of  said  waters. 

Proi’ided,  further,  that  the  said  city  of  Colorado 


GAS,  ELKCTRIC  LIGJIT,  HEAT  AND  ITAVER. 


31 


Si)rings  does  not  guaranty  nor  agree  to  furnish  any  speci- 
fied quantity  or  flow  of  water  from  the  water  system  1)C- 
longing  to  the  said  city. 

Prozidcd,  further,  that  nothing  in  this  franchise  shall 
be  construed  as  granting  to  the  said  George  W.  Jackson, 
his  associates  or  assigns,  the  right  to  place  any  poles  in  any 
of  the  public  parks  of  the  city  of  Colorado  Springs ; and 

Provided,  further,  that  this  franchise  is  granted  subject 
to  the  rights,  if  any,  of  The  Manitou  and  Pikes  Peak  Rail- 
way Company,  in  a certain  pipe  line,  by  virtue  of  a cer- 
tain contract  between  the  city  of  Colorado  Springs  and  the 
said  railway  company,  dated  September  22nd,  1891. 

And  provided  further  that  nothing  in  this  ordinance 
shall  be  construed  so  as  to  conflict  with  any  of  the  rights  or 
privileges  granted  in  a certain  franchise  to  Irving  How- 
bert,  trustee,  his  associates  and  assigns. 

Provided,  hozvever,  that  nothing  in  this  ordinance  shall 
be  construed  as  permitting  the  said  George  W.  Jackson,  his 
associates  or  assigns,  to  do  any  act  which  will  interfere 
with  the  successful  operation  of  the  gravity  system  of 
water  works  of  the  City  of  Colorado  Springs. 

Section  3.  The  said  George  W.  Jackson,  his  associates 
or  assigns,  shall  construct  and  maintain  at  their  own  ex- 
pense from  Lake  Moraine  to  some  point  in  the  town  of 
Manitou,  a twenty  (20)  inch  water  pipe  of  an  approved 
make  and  of  sufficient  strength  to  stand  the  necessary  pres- 
sure; said  pipe  to  be  subject  to  the  approval  of  some  com- 
petent engineer  to  be  appointed  by  the  City  Council  of 
the  City  of  Colorado  Springs ; and  its  construction  and  in- 
stallation to  be  under  his  superintendence  and  subject  to 
his  approval ; said  pipe  and  the  water  therein  shall  be  used 
by  the  said  George  W.  Jackson,  his  associates  or  assigns, 
for  the  purpose  of  generating  pov/er. 


32 


GAS,  ei.e:ctric  light,  heat  and  power. 


Provided,  that  the  City  of  Colorado  Springs  shall  dur- 
ing the  term  of  this  grant  allow  so  much  of  the  water  of  its 
water  system  to  pass  through  the  pipe  lines  constructed  or 
acquired  by  the  said  George  W.  Jackson,  his  associates  or 
assigns,  as  they  shall  desire,  providing  the  same  can  be  done 
consistently  with  the  proper  operation  of  its  water  works 
system. 

Section  4.  The  privilege  and  license  hereby  granted 
and  the  construction  of  the  said  underground  conduits  and 
pole  lines  shall  at  all  times  be  subject  to  such  police  power, 
reasonable  dominion  and  regulations  as  the  City  Council  of 
the  said  City  of  Colorado  Springs  may  by  resolution  or  ordi- 
nance hereafter  provide  and  the  said  City  Council  of  said 
city  reserves  to  itself  the  right  to  require  the  said  George  ‘ 
W.  Jackson,  his  associates  or  assigns,  at  any  time  to  elevate 
or  lower  the  wires  connected  with  any  pole  line  constructed 
hereunder  at  any  place  in  said  city  to  such  height  above  the 
surface  of  the  street  as  it  may  deem  necessary,  which  right 
may  be  exercised  by  the  said  City  Council  by  resolution 
prescribing  the  height  of  the  lowest  wire  above  the  surface 
of  the  street  in  any  specified  locality. 

Section  5.  Before  constructing  any  portion  of  the 
work  hereby  authorized,  the  said  George  W.  Jacksoi*i,  his  as- 
sociates or  assigns,  shall  file  with  the  city  engineer,  a plan 
showing  the  location  and  character  of  the  proposed  work, 
and  all  such  work  within  the  corporate  limits  of  the  city  of 
Colorado  Springs,  shall  be  performed  under  the  supervi- 
sion of  the  city  engineer  of  the  City  of  Colorado  Springs. 

Section  6.  In  every  underground  conduit  constructed 
by  the  said  George  AV.  Jackson,  his  associates  or  assigns,  and 
upon  every  pole  erected,  sufficient  and  necessary  space  shall 
be  reserved  for  the  fire  departments  and  the  police,  tele- 


GAS,  ELECTRIC  LIGHT,  HEAT  AND  POWER. 


33 


phone  and  telegraph  wires  now  belonging  to,  or  that  may 
licreafter  belong,  to  the  City  of  Colorado  Springs,  and  the 
hre  and  police  departments  by  their  representatives  shall 
be  allowed  free  access  to  said  underground  conduits  and 
poles  upon  application  to  the  said  George  W.  Jackson,  his 
associates  or  assigns,  and  shall  be  allowed  facilities  and 
privileges  in  putting  in  or  taking  out  wires,  equal  in  all 
respects  to  those  of  the  said  George  W.  Jackson,  his  asso- 
ciates or  assigns. 

Section  7.  The  said  George  W.  Jackson,  his  associ- 
ates or  assigns,  shall  remove  their  pole  lines  and  overhead 
wires  within  the  corporate  limits  of  the  City  of  Colorado 
Springs,  whenever  demanded  by'the  City  Council  of  the  City 
of  Colorado  Springs,  and  shall  replace  the  same  by  under- 
ground wires  and  conduits. 

Section  8.  Xothing  in  this  ordinance  shall  be  con- 
strued as  authorizing  the  said  George  W.  Jackson,  his  asso- 
ciates or  assigns,  to  lay  such  conduits  or  erect  such  poles 
over  or  on  any  private  property. 

Section  9.  The  said  George  W.  Jackson,  his  associates 
or  assigns,  shall  within  one  year  after  the  completion  of  the 
Strickler  tunnel  and  during  the  remainder  of  the  term  of 
this  grant,  furnish  to  the  City  of  Colorado  Springs,  such 
arc  lights,  of  standard  2,000  candle  power  each,  as  may  be 
required  by  said  city  for  the  purpose  of  lighting  its  streets, 
alleys  and  public  grounds  at  the  rate  of  five  dollars  and 
fifty  cents  ($5.50)  per  light  per  month,  said  lights  to  be 
used  from  sunset  to  sunrise  during  each  and  every  day  of 
each  and  every  month  ; also,  free  of  cost,  such  arc  and  in- 
candescent lights  as  may  be  required  by  the  said  city  for 
the  lighting  of  the  buildings  belonging  to  the  said  city  not 
exceeding  five  arc  lights  of  2,000  candle  power  each  and 


34 


(',AS.  iCUCCTRiC  Ur.JlT,  JIKAT  AND  POWER.  ‘ 


V 


200  incandescent  (;f  \G  candle  power  each,  or,  the 

ecjinvalent ; alscj,  free  of  cost,  such  electrical  power,  to  be 
delivered  at  such  points  in  the  City  of  Colorado  Springs,  as 
the  said  city  may  specify,  as  may  be  necessary  for  use  by 
said  city  for  municipal  ]3urposes,  said  power  not  to  exceed 
fifty  (50)  horse-power;  and  will  at  all  times  during  the 
term  of  this  grant  furnish  to  the  said  city,  such  other  power 
as  may  be  refjuired  for  the  municipal  purposes  at  the  same 
prices  that  are  paid  by  the  most  favored  customer  of  the 
said  George  W.  Jackson,  his  associates  or  assigns.  Pro- 
vided, the  said  city  shall  give  the  said  George  W.  Jackson, 
Ids  associates  or  assigns  ninety  (90)  days’  notice  of  its  in- 
tention to  use  any  of  said  power  in  excess  of  fifty  horse- 
power, and  the  amount  recjuired. 

Sfxtion  10.  The  construction  of  the  power  houses  and 
])lants  to  be  erected  and  installed  by  the  said  George  W. 
Jackson,  his  associates  or  assigns,  may  be  commenced  at 
any  time  after  the  granting  of  this  franchise,  hut  shall  be 
commenced  within  thirty  (30)  days  after  the  completion 
of  the  Strickler  tunnel  and  the  acceptance  thereof  by  the 
city  of  Colorado  Springs,  and  the  same  shall  be  properly 
installed  and  in  such  working  order  and  condition  that  the 
owner,  manager  or  controller  shall  furnish  arc  and  incan- 
descent lights  and  power  to  the  said  City  of  Colorado 
S])rings,  u])on  the  terms  and  conditions  hereinabove  set 
out,  not  later  than  one  year  from  and  after  the  completion 
of  the  Strickler  tunnel  and  the  acceptance  thereof  by  the 
City  of  Colorado  Springs;  and  that  thereafter  the  said 
George  \^^  Jackson,  his  associates  or  assigns,  shall  make 
any  necessary  provisions  to  insure  to  the  city  at  all  times, 
when  reeptired,  sufficient  power  for  the  lights  of  the  said 
city  and  power  for  its  municipal  purposes  as  hereinabove 
provided ; and  it  is  also  provided  that  if  the  said  George 


GAS,  i:le:ctric  ugut,  heat  and  power. 


35 


W,  Jackson,  his  associates  or  assigns,  shall  fail  to  com- 
mence the  construction  of  the  plants  and  power-houses 
within  the  time  herein  prescribed,  or  shall  fail  to  furnish 
to  the  said  city  the  said  lights  and  power  as  hereinabove 
provided  by  and  at  the  time  designated,  or  shall  at  any 
time  thereafter  fail  to  furnish  said  lights  and  power  as 
herein  provided,  then  all  the  rights  and  privileges  herein 
and  hereunder  shall  and  will  become  null  and  void,  and 
the  same  shall  revert  to  the  City  of  Colorado  Springs  unless 
the  said  George  W.  Jackson,  his  associates  or  assigns,  shall 
be  restrained  or  enjoined  by  some  bona  fide  proceeding  in- 
law or  equity,  or  prevented  by  unusual  casualty,  fire,  light- 
ning, storms,  or  act  of  God. 

Section  ii.  An  electrical  plant  sufficient  for  generat- 
ing the  electricity  for  furnishing  the  lights  and  power  re- 
quired by  the  City  of  Colorado  Springs,  as  provided  in  Sec- 
tion 9,  hereof,  also  any  transforming  station,  wires,  cables 
and  pole  lines,  and  other  improvements  which  may  be  built 
by  the  said  George  W.  Jackson,  his  associates  or  assigns,  for 
the  purpose  of  transforming  and  delivering  the  electricity 
necessary  for  furnishing  electric  lights  to  the  said  city  of 
Colorado  Springs,  also  the  pipe  line  to  be  built  by  the 
said  George  W.  Jackson,  his  associates  or  assigns,  herein- 
above provided  for,  together  with  a right  of  way  sufficient 
for  maintenance,  repairs  and  renewals  thereof,  shall  at  the 
expiration  of  this  grant  revert  to  and  become  the  property 
of  the  said  City  of  Colorado  Springs. 

Section  12.  The  rights  and  privileges  hereby  granted 
shall  continue  for  the  period  of  twenty-five  (25)  years  and 
shall  extend  to  all  the  avenues,  streets  and  alleys  of  the 
said  City  of  Colorado  Springs,  and  to  all  extensions  of  the 
same,  and  to  all  lands  of  the  said  city  under  the  terms  and 


36 


GAS,  ELECTRIC  LIGHT,  HEAT  AND  POWER. 


provisions  of  this  ordinance,  and  subject  to  the  conditions 
and  limitations  herein  contained. 

Section  13.  After  the  commencement  of  work  here- 
under there  shall  be  appointed  annually  by  said  city  a super- 
visor, 'whose  duties  will  be  to  oversee,  control  and  patrol 
and  have,  full  and  complete  authority  over  that  part  of  the 
water  works  system  ai¥ected  by  this  grant  and  it  shall  be 
the  duty  of  said  supervisor  to  prevent  any  pollution  of  the 
water  of  the  water  system  of  said  city,  and  to  protect  the 
interests  and  property  of  the  said  city,  and  the  said  George 
Jackson,  his  associates  or  assigns,  shall  compensate  the 
said  city  for  the  reasonable  expenses  of  the  said  supervisor. 

Section  14.  This  franchise  is  subject  to  the  express 
condition  that  the  said  George  W.  Jackson,  his  associates  or 
assigns,  shall  within  the  period  of  fifteen  (15)  months  from 
and  after  the  date  of  the  passage  of  this  ordinance,  com- 
plete the  Strickler  Tunnel  in  accordance  with  the  specifi- 
cations in  a certain  agreement  made  and  entered  into  De- 
cember 27th,  1895,  between  the  City  of  Colorado  Springs, 
party  of  the  first  part,  and  Wilson  and  Jackson,  of  Chi- 
cago, Illinois,  parties  of  the  second  part,  and  any  extensions 
and  modifications  which  have  heretofore  been  made,  or  may 
be  hereafter  made  thereto,  and  a failure  of  the  said  George 
Jackson,  his  associates  or  assigns  to  complete  said  tun- 
nel as  above  provided,  within  the  time  provided,  shall  ren- 
der this  franchise,  and  all  the  rights  and  privileges  granted 
hereunder,  null  and  void,  and  the  same,  together  with  all 
f)ipes,  pipe  lines,  power  houses,  plants,  underground  con- 
duits, pole  lines  and  other  > improvements  which  may  be 
built  or  erected  hereunder,  shall  revert  tO'  the  City  of 
Colorado  Springs. 

Section  15.  And  the  said  George  W.  Jackson,  his  as- 


GAS.  I-LKCTRIC  LIGHT,  HEAT  AND  POWER.  37 

sociates  or  assigns,  shall,  before  they  enter  upon  the  enjoy- 
ment of  the  franchise  and  ordinance  herein  granted,  exe- 
cute and  deliver  to  the  City  of  Colorado  Springs  a bond  in 
the  penal  sum  of  fifteen  thousand  ($15,000)  dollars,  with 
surety  to  be  approved  by  the  City  Council  of  said  city,  con- 
ditioned that  they  will  assume  all  damages  for  personal  or 
other  injuries  that  may  occur,  either  to  private  individuals 
or  corporations,  as  well  as  to  the  city  of  Colorado  Springs, 
holding  the  said  City  of  Colorado  Springs  harmless  from 
any  damages  by  pollution  or  waste  of  water,’  electrolysis, 
or  otherwise,  occasioned  by  the  granting  of  this  franchise 
or  by  their  operations  thereunder,  or  from  any  damages 
occasioned  by  the  negligence  or  want  of  care  on  the  part  of 
the  said  George  W.  Jackson,  his  associates  or  assigns,  in 
constructing  and  maintaining  any  of  the  plants  or  appli- 
ances herein  provided  for. 

Section  i6.  It  is  further  provided  that  if  at  the  expira- 

♦ 

tion  of  this  grant,  to-wit,  the  term  of  twenty-five  (25) 
years,  it  is  desired  by  the  said  George  W.  Jackson,  his  as- 
sociates or  assigns,  to  accept  a new  grant  from  the  said 
City  of  Colorado  Springs,  Colorado,  of  like  and  similar 
rights  and  privileges,  and  for  a period  which  may  then  be 
agred  upon,  a grant  will  then  be  given  to  the  said  George 
W.  Jackson,  his  associates  or  assigns,  in  conformance  with 
such  conditions  as  the  then  City  Council  may  then  provide, 
and  which  they  may  then  conclude  to  be  wise  and  for  the 
best  interests  of  the  City  of  Colorado  Springs. 


Passed  September  8th,  A.  D.  1898. 


('.AS,  lilvKCTRIC  RIGHT,  HEAT  AND  POWER. 


AN  ORDINANCE 


Crantijn^  to  IT.  S'.  Stratton,  His  Legal  Representatives'  or 
Assigns,  the  Right  to  Maiinfacture,  Generate,  Transmit, 
and  Distribute  Electricity  for  Light,  Heat,  Power  and 
other  Useful  Purposes  for  Use  in  Certain  Places,  and 
to  Erect  and  Maintain  Poles  and  Moires  on  the  Streets, 
Avenues,  Alleys  and  Public  Places  in  the  City  of  Colo- 
rado Springs  for  the  Purpose  of  Transmitting  and  Dis- 
tributing Such  Electricity  to  Certain  Places. 

Be  It  Ordained  by  the  City  Council  oe  the  City  oe 
• Colorado  Springs: 

Section  i.  That  from  the  date  of  the  passage  hereof 
and  for  the  full  term  of  twenty-five  years  therefrom,  W.  S. 
Stratton,  his  heirs,  legal  representatives  and  assigns  be  and 
he  and  they  hereby  are  granted  the  right,  privilege  and 
authority  to  manufacture  and  generate  electricity  for  light- 
ing, power  and  heat  at  the  certain  power  house  or  electrical 
plant  now  in  course  of  construction  by  said  W.  S.  Stratton 
upon  Block  300  in  Addition  numbered  3 to  the  City  of  Colo- 
rado Springs,  Colorado,  or  any  addition  thereto,  and  to 
transmit  and  distribute  the  electricity  so  manufactured  and 
generated  to  the  following  places: 

(i)  To  all  street  railway  lines,  sub-stations,  car  barns 
and  all  other  buildings  and  property  connected  with  the 
street  railways  of  said  W.  S.  Stratton  or  The  Colorado 
Springs  Rapid  Transit  Railway  Company  or  the  Colorado 
Springs  and  Suburban  Railway  Company,  or  their  legal 
representatives,  successors  or  assigns,  either  as  now  con- 
structed or  hereafter  constructed  or  acquired,  either  within 
or  without  the  City  of  Colorado  Springs. 


('.AS,  liUiCTRJC  RIGHT,  HRAT  AND  POWER. 


39 


(2)  To  the  southern  city  limits  of  the  City  of  Colo- 
rado Springs  to  be  used  and  distributed  outside  of  said  City. 

Section  2.  For  the  proper  exercise  of  the  powers 
hereby  granted,  permission,  license  and  authority  is  hereby 
given  to  said  W.  S.  Stratton,  his  heirs,  legal  representatives 
and  assigns  to  construct  and  maintain  in  the  streets,  alleys 
and  public  places  of  said  City,  poles,  lines  of  wire  or  other 
approved  and  proper  electrical  conductors  for  the  purpose 
of  transmitting  and  distributing  electricity  for  the  uses  and 
purposes  aforesaid  to  the  above  mentioned  places. 

Section  3.  All  wires  shall  be  carried  on  poles  of  wood 
or  iron.  Wooden  poles  shall  be  shaved  and  painted  and  shall 
be  not  less  than  thirty  feet  in  height  and  not  less  than  four 
inches  in  diameter  at  the  smaller  end.  Iron  poles  shall  be  not 
less  than  twenty  feet  in  height  above  the  ground  and  not  less 
than  two  inches  in  diameter  at  the  upper  end.  All  poles  on 
streets  shall  be  placed  on  curb  lines  of  such  streets,  and  in 
no  case  to  extend  beyond  the  curb  lines  into  the  street,  and 
where  practicable,  on  the  lot  lines  extended  on  both  streets 
and  alleys.  All  poles  to  be  placed  in  alleys  where  practicable ; 
all  poles  to  be  straight.  Provided,  however,  that  in  no  case 
shall  poles  be  required  to  be  farther  apart  than  one  hundred 
feet,  unless  it  be  necessary  to  place  poles  more  than  one 
hundred  feet  apart  in  crossing  streets. 

Section  4.  Said  W.  S.  Stratton,  his  heirs,  legal  repre- 
sentatives and  assigns  shall  at  all  times  protect  his  or  their 
wires  and  other  electrical  appliances  by  such  insulation,  cov- 
ering of  wires  with  non-conducting  matter  and  cut-outs  as 
are  necessary  to  render  the  use  of  its  electrical  current  safe 
to  life  and  property  within  this  city,  and  shall  equip  his  or 
their  lines  with  such  safeguards  as  science  and  experience 
demonstrate  will  aid  thereto. 


40 


vSTKKI-T  KAllAVAYS. 


SiccTiox  5.  The  City  of  Colorado  Springs  hereby  re- 
serves to  itself  the  right  to  string  or  erect  its  telephone  or 
fire  alarm  wires  on  the  poles  erected  under  this  ordinance. 

Section  6.  This  ordinance  shall  be  in  force  after  its 
])assage  and  publication  as  required  by  law. 

Passed  February  17,  1902. 


STREET  RAILWAYS 

AN  ORDINANCE 

Granting  Right  of  Way  Along,  Over  and  Across  Certain 
Streets,  Avenues  and  Alleys  in  the  City  of  Colorado 
Springs  to  the  "Colorado  Springs  and  Manitou  Street 
Raihoay  Company,'’  and  AnthorRing  th\e  Construction 
and  Operation  of  a Street  Raihvay  Thereon. 

Be  It  Ordained  bv  the  City  Council  oe  the  City  oe 
Colorado  Springs: 

Section  i.  That  ‘‘The  Colorado  Springs  and  Manitou 
Street  Railway  Company”  be,  and  it  is  hereby,  granted  the 
right,  privilege  and  license  to  locate,  construct  and  oper- 
ate, by  animal  or  other  motive  power,  excepting  steam  lo- 
comotives, and  to  maintain  a single  or  double  track  rail- 
way, with  all  the  necessary  and  convenient  turn-outs  and 
switches  in,  upon,  along  and  across  the  streets  and  alleys 
in  the  City  of  Colorado  Springs  hereinafter  mentioned;  also 
to  construct  and  maintain  within  said  City  of  Colorado 
Springs  such  depots,  yards,  shops  and  other  appliances  as 
may  be  necessary  for  the  transaction  of  its  business. 


STKlCirr  KAir^WAVS. 


41 


Sect  [ON  2.  The  said  company  is  hereby  authorized, 
after  it  shall  have  first  procured,  and  filed  with  the  city  clerk, 
the  consent  in  writing  of  the  owners  of  more  than  one-half 
of  the  property  fronting  on  any  street  or  avenXte  hereinafter 
named,  or  on  that  part  of  such  street  or  avenue  along  which 
the  company  proposes  to  construct  its  lines  of  railway,  to  lay 
down  its  track  or  tracks  for  such  railway  in,  upon,  along 
and  across  such  streets  or  parts  thereof,  namely:  North  and 
South  Tejon  street.  North  and  South  Weber  street,  North 
and  South  Wahsatch  avenue,  Pike,s  Peak  avenue.  Cache  la 
Poudre  street,  Uintah  street,  Platte  avenue.  Bijou  street, 
Cheyenne  avenue,  Huerfano  street,  Cucharras  street,  Vermijo 
avenue,  Pueblo  avenue  and  Cascade  avenue  between  the 
north  line  of  North  Park  Place  and  the  south  line  of  Huer- 
fano street. 

Section  3.  That  said  railway  shall  be  used  only  for  the 
purpose  of  transporting  passengers  and  their  ordinary  hand 
baggage,  and  the  tracks  of  said  company  shall  not  be  used 
for  the  hauling  of  any  steam  railway  cars  over  the  same. 

Section  4.  Said  company  shall  be  permitted  to  charge 
each  person  riding  on  its  cars  between  any  points  within 
the  City  of  Colorado  Springs  such  sum  for  each  passage 
as  the  company  may  determine.  Provided,  the  sum  so 
charged  shall  not  exceed  five  (5)  cents. 

Section  5.  No  track  of  such  railway  shall  be  elevated 
above  the  surface  of  any  street,  but  whenever  the  City 
Council  directs  all  tracks  shall  be  laid  so  as  to  conform  to 
the  established  grades  of  the  streets  of  said  city,  and  such 
track  shall  be  of  such  character  and  shall  be  laid  in  such 
manner  as  to  form  no  unnecessary  impediment  to  the  ordi- 
nary use  of  the  streets  for  the  pasage  of  wagons  and  other 
vehicles  upon,  along  or  across  the  same  from  any  point. 


42 


stree;t  railways. 


and  in  any  and  all  directions.  Such  tracks  shall  also  be  laid 
with  suitable  bridges  at  all  gutters  so  as  to  permit  the  free 
and  unimpeded  flow  of  water  in  and  along  said  gutters. 

Si'X'Tjon  6.  All  tracks  of  said  railway  shall  be  of  uni- 
form gauge,  and  when  a single  track  only  is  laid  in  any 
street  it  shall  be  laid  in  the  center  of  the  street  in  all  cases 
where  })racticable.  Where  a double  track  is  laid  or  contem- 
plated in  any  street,  each  of  said  tracks  shall  be  laid  at 
such  distance  from  the  center  of  said  street  as  will  make 
the  center  point  between  the  two  tracks  the  center  of  the 
street  and  no  further  apart  than  required  for  the  conveni- 
ent passage  of  cars.  No  track  shall  be  laid  within  twelve 
(.12)  feet  of  the  sidewalk  upon  any  street,  except  as  here- 
inafter provided.  All  turnouts  shall  be  constructed  be- 
tween cross  streets.  In  crossing  any  bridge,  and  approach 
thereto,  within  the  city  limits  the  track  shall  be  laid  thereon 
in  such  manner  as  the  City  Council  may  direct. 

Section  7.  The  said  company  shall  keep  those  portions 
of  the  streets  lying  between  the  rails  of  each  of  its  tracks, 
and  for  a space  of  two  feet  on  the  outside  of  each  rail,  in 
good  repair  and  shall  plank  between  the  tracks  and  two 
feet  in  width  outside  all  tracks  laid  in  crossing  Kiowa, 
Pike’s  Peak,  Huerfano  and  Cucharras  streets,  and  such  other 
crossings  as  the  City  Council  may  hereafter  direct. 

Section  8.  The  cars  or  carriages  of  said  company  shall 
be  run  upon  and  along  its  tracks  in  conformity  with  the 
following  rules  and  regulations : 

(1)  No  car  shall  be  drawn  or  operated  at  a greater 
rate  of  speed  than  eight  (8)  miles  per  hour. 

(2)  No  car  shall  be  allowed  to  stop  on  a cross-walk  or 
in  front  of  any  intersecting  street,  except  to  avoid  collision 
or  injury  to  persons,  or  to  take  on  or  let  off  passengers. 


stre;et  railways. 


43 


(3)  All  proper  care  shall  be  used  by  conductors  and 
drivers  to  ])revent  injury  to  persons  and  to  wagons  and 
other  vehicles. 

(4)  All  cars  after  sunset  shall  be  provided  with  proper 
signal  lights. 

Section  9.  The  cars  of  said  company  shall  at  all  times 
be  entitled  to  the  track,  and  in  all  cases  wherein  any  wagon 
or  other  vehicle  shall  meet  or  be  overtaken  by  a car  upon  any 
of  the  tracks  of  said  company  in  said  city,  such  team  or 
other  vehicle  shall  give  place  to  such  car.  No  person  shall 
wilfully  or  maliciously  obstruct,  hinder  or  interfere  with 
any  car  by  placing,  driving,  stopping  or  causing  to  be 
placed,  driven  at  slow  pace  or  stopped,  any  wagon  or  other 
vehicle,  or  any  obstacle  whatsoever,  in,  upon,  across,  along 
or  near  any  track  of  said  company,  in  said  city,  after  being 
notified  by  the  conductor  or  driver  of  such  car,  by  the  ring- 
ing of  the  car  bell  or  otherwise,  to  cease  such  obstruction 
or  hindrance ; and  whoever  shall  wilfully  violate  any  of  the 
provisions  of  this  section  of  this  ordinance  shall,  upon 
conviction  thereof,  before  any  police  magistrate  in  said  City 
of  Colorado  Springs,  be  fined  any  sum  not  less  than  five 
($5)  dollars  nor  more  than  one  hundred  ($100)  dollars  for 
each  and  every  such  offense.  Provided,  this  section  shall  not 
apply  to  the  laying  of  hose  and  movement  of  fire  apparatus 
in  case  of  fire. 

Section  10.  The  said  company  'shall  commence  the 
construction  of  its  said  railway  within  three  months  from 
the  date  of  the  passage  of  this  ordinance,  and  shall  have  the 
same  constructed  and  in  operation  on  Tejon  street  from 
Cache  la  Poudre  street  to  Costilla  street  within  nine  months 
from  the  date  of  such  passage,  otherwise  the  rights  and 
privileges  hereby  granted  shall  cease. 


44 


stre:e:t  railways. 


Section  ii.  The  rights  and  privileges  hereby  granted 
on  any  street  or  avenue  shall  be  held  to  be  terminated  and 
cancelled  if  said  company  shall  cease,  for  a period  of  thirty 
days  after  it  commences  to  operate  its  road,  the  regular 
daily  transportation  of  passengers,  hindrance  by  the  ele- 
ments excepted. 

Section  12.  The  right  of  way  across  the  right  of  way 
hereby  granted  under  the  tracks  of  said  railway  company 
for  pipes,  mains  and  conduits  for  water,  gas  and  sewerage, 
is  reserved  to  the  City  of  Colorado  Springs. 

Section  13.  The  rights,  privileges  and  license  hereby 
granted  to  the  said  street  railway  company  are  granted  sub- 
ject to  all  ordinances  and  police  regulations  of  the  City  of 
Colorado  Springs  now  in  force  and  that  may  hereafter  be 
adopted. 

Passed  April  ii,  1887. 


AN  ORDINANCE 

Granting  to  the  Colorado-  Springs  and  M'anitou  Street  Rail- 
imy  Company  the  Right  of  Way  for  an  Extension  of 
Its  Line  of  Railway. 

Be  It  Ordained  by  the  City  Council  oe  the  City  oe 
Colorado  Springs: 

Section  i.  That  the  Colorado  Springs  and  Manitou 
Street  Railway  Company  be,  and  it  is  hereby,  granted  the 
right,  privilege  and  license  to  locate,  construct  and  operate, 
by  animal  or  other  motive  power,  excepting  steam  locomo- 
tives, and  maintain  a single  or  double  track  railway,  with 
all  necessary  and  convenient  turn-outs  and  switches,  along 


street  railways. 


45 


and  across  the  streets,  avenues  and  alleys  in  the  City  of 
Colorado  Springs,  hereinafter  mentioned,  in  addition  to 
the  streets  and  alleys  designated  in  the  ordinance  passed 
heretofore,  and  on  the  nth  day  of  April,  1887,  subject, 
nevertheless,  to  the  limitations  and  conditions  in  said  ordi- 
nances contained;  beginning  at  the  intersection  of  Tejon 
and  Cache  la  Poudre  streets ; thence  along  Cache  la  Poudre 
street  to  Nevada  avenue;  thence  along  Nevada  avenue 
to  Uintah  street;  thence  along  Uintah  street  to  Tejon 
street;  thence  along  Tejon  street  to  Fontanero  street;  also 
from  Huerfano  street  running  north  along  Sierra  Madre 
street  to  a point  at  or  near  the  depot  or  depot  grounds  of 
the  Denver  and  Rio  Grande  Railroad  Company. 

Passed  July  5,  1887. 


AN  ORDINANCE 

Granting  Right  of  Way  Along,  Over  and  Across  Certain 
Streets,  Avenues  and  Alleys  in  the  City  of  Colorado 
Springs,  to  ''The  Colorado  Springs  Rapid Wransit  Rail- 
IVay  Company’'  and  AufhoriAng  the  Constniction  and 
Operation  of  a Street  Raikcay  Thereon. 

Be  It  Ordained  by  the  City  Council  of  the  City  of 
Colorado  Springs : 

Section  i.  That  “The  Colorado  Springs  Rapid  Transit 
Railway  Company’’  be,  and  it  is  hereby,  granted  the  right, 
privilege  and  license  to  locate,  construct  and  operate,  by 
motive  power  other  than  steam  locomotives,  and  to  maintain 
a single  or  double  track  railway,  with  all  the  necessary  and 
convenient  turnouts  and  switches,  in,  upon,  along  and  across 


46 


street  railways. 


the  .streets  and  alleys  in  the  City  of  Colorado  Springs  here- 
inafter mentioned ; also  to  construct  and  maintain  within 
said  City  of  Colorado  Springs,  such  depots,  yards,  shops  and 
other  appliances  as  may  be  necessary  for  the  transaction  of 
its  business. 

Section  2.  The  said  company  is  hereby  authorized 
after  it  shall  have  first  procured  and  filed  with  the  city  clerk 
the  consent  in  writing  with  the  owners  of  more  than  one- 
half  of  the  property  fronting  on  any  street  *or  avenue  here- 
inafter named,  or  on  that  part  of  such  street  or  avenue  along 
which  the  company  proposes  to  construct  its  line  of  railway, 
to  lay  down  its  tracks  for  such  railway,  in,  upon,  along  and 
across  such  streets,  or  parts  thereof,  viz:  Nevada  avenue, 
\\"eber  street,  Wahsatch  avenue,  El  Paso  street.  Prospect 
street,  Tejon  street,  Willamette  avenue,  Cascade  avenue 
from  Pike’s  Peak  avenue  to  Huerfano  street,  St.  Vrain 
street,  Boulder  street,  Platte  avenue.  Bijou  street,  Kiowa 
street,  Pike’s  Peak  avenue,  Huerfano  street.  Corona  street. 
Las  Animas  street,  Cimarron  street,  Uintah  street.  Cache 
la  Poudre  street,  Cucharras  street.  Walnut  street  and  Oak 
street,  [Cascade  avenue  south  of  center  line  of  Huerfano 
street,  Cheyenne  avenue.  Spruce  street,  and  on  the  Mesa 
road  from  Spruce  street  produced  to  Walnut  street.]  Part 
in  brackets  added  by  ordinance  No.  342,  passed  Mch.  17, 
1890. 

Section  3.  That  said  railway  shall  be  used  only  for  the 
purpose  of  transporting  passengers  and  their  ordinary  hand 
baggage,  and  the  tracks  of  said  company  shall  not  be  used 
for  the  hauling  of  any  steam  cars  over  the  same. 

Section  4.  Said  company  shall  be  permitted  to  charge 
each  person  riding  on  its  cars  between  any  points  within 
the  City  of  Colorado  Springs  such  sum  for  each  passenger 


street  rmeways. 


47 


as  the  comi)aiiy  may  determine.  Provided  the  sum  so 
charg’ed  shall  not  exceed  five  (5)  cents. 

Section  5.  No  track  of  such  railway  shall  be  elevated 
above  the  surface  of  any  street,  but,  whenever  the  City 
Council  directs,  all  track  shall  be  laid  so  as  to  conform  to 
the  established  grade  of  the  streets  of  said  city,  and  such 
tracks  shall  be  of  such  character  and  shall  be  laid  in  such 
manner  as  to  form  no  unnecessary  impediment  to  the  ordi- 
nary use  of  the  streets  for  the  passage  of  wagons  and  other 
vehicles  upon,  along  or  across  the  same  from  any  point, 
and  in  any  and  all  directions.  Such  track  shall  also  be  laid 
with  suitable  bridges  at  all  gutters  so  as  to  permit  the  free 
and  unimpeded  flow  pf  water  in  and  along  said  gutters. 

Section  6.  All  tracks  of  said  railways  shall  be  of  uni- 
form gauge,  and  when  a single  track  only  is  laid  in  any 
street  it  shall  be  laid  in  the  center  of  the  street  in  all  cases 
where  practicable.  Where  a double  track  is  laid  or  contem- 
plated in  any  street,  each  of  said  tracks  shall  be  laid  at  such 
distance  from  the  center  of  said  street  as  will  make  the 
center  point  between  the  two  tracks  the  cefiter  of  the 
street  and  no  farther  apart  than  required  for  the  convenient 
passage  of  cars.  No  tracks  shall  be  laid  within  twelve  (12) 
feet  of  the  sidewalk  upon  any  street,  except  as  hereinafter 
provided.  All  turnouts  shall  be  constructed  between  cross 
streets.  In  crossing  any  bridge,  and  approach  thereto,  within 
the  city  limits  the  track  shall  be  laid  thereon  in  such  manner 
as  the  City  Council  may  direct. 

Section  7.  The  said  company  shaU  keep  those  portions 
of  the  street  lying  between  the  rails  of  each  of  its  tracks, 
and  for  a space  of  two  feet  on  the  outside  of  each  rail,  in 
good  repair,  and  shall  plank  between  the  tracks  and  two 
feet  in  width  outside  all  tracks  laid  in  crossing  such  streets 
and  avenues  as  the  City  Council  may  direct. 


stkicht  railways. 


48 

Section  8.  The  said  company  shall  also  build,  construct 
and  maintain  all  bridges  necessary  for  the  construction, 
o]jeration  and  maintenance  of  said  railway,  and  in  all  cases 
where  the  said  company  shall  now  or  hereafter  desire  to 
lay  and  maintain  its  track  or  tracks,  across  and  upon  any 
bridge  already  constructed  or  hereafter  to  be  constructed 
by  the  City  of  Colorado  Springs,  upon  any  street  or  avenue 
aforesaid,  it  shall  bear  and  defray  and  shall  pay  to  said  city 
a reasonable  proportion  of  the  cost  of  every  such  bridge 
before  it  shall  be  entitled  to  use  the  same,  due  reference 
being  had  to  the  proportion  in  width  of  every  such  bridge 
which  the  tracks  of  said  company  shall  use  and  occupy  and 
the  additional  strength  and  dimensions  of  such  bridge  made 
necessary  by  the  use  of  the  same  by  said  company  for  the 
purposes  aforesaid. 

0 

And  in  case  the  said  company  shall  at  any  time  desire 
to  lay  and  maintain  its  tracks  upon  or  across  any  bridge 
then  already  constructed  upon  any  street  or  avenue  afore- 
said, which  is  not  of  sufficient  width  or  strength,  in  the 
judgment  a majority  of  the  City  Council,'"  to  justify  the 
laying  and  maintenance  of  said  tracks,  the  said  company 
shall  in  every  such  case  pay  and  defray  the  expenses  of 
enlarging  or  strengthening  such  bridge  before  it  shall  be 
entitled  to  use  the  same — and  all  such  work  .shall  in  every 
case  be  done  under  the  supervision  of  the  City  Council  and 
shall  be  approved  by  said  council  before  the  right  to  use  the 
said  bridge  in  any  way  by  said  company  shall  exist. 

And  the  said  company  shall  also  bear  and  defray  and 
shall  pay  to  the  said  city  from  time  to  time  its  due  pro- 
portion of  all  repairs  to  every  bridge  upon  or  across  which 
its  track  or  tracks  shall  be  laid  and  maintained  so  long  as 
such  Imidge  shall  be  used  by  said  company  and  the  i)ro]:)or- 
tionate  share  of  such  repairs  to  be  paid  by  said  company 


STRIvET  RAILWAYS. 


49 


shall  in  all  cases  be  determined  in  the  same  manner  as  the 
portion  of  the  original  expense  of  such  a bridge  to  be  paid 
by  it  is  determined. 

Section  9.  The  cars  or  carriages  of  said  company  shall 
be  run  upon  and  along  its  tracks  in  conformity  with  the 
following  rules  and  regulations : 

1.  No  car  shall  be  drawn  or  operated  at  a greater  rate 
of  speed  than  eight  (8)  miles  per  hour. 

2.  No  car  shall  be  allowed  to  stop  on  a cross  walk  or 
in  front  of  any  intersecting  street,  except  to  avoid  collision 
or  injury  to  persons,  or  to  take  on  or  let  of¥  passengers. 

3.  All  proper  care  shall  be  use|;l  by  conductors  and 
drivers  to  prevent  injury  to  persons  and  to  wagons  and  other 
vehicles. 

4.  All  cars  after  synset  shall  be  provided  with  proper 
signal  lights. 

Section  10.  The  cars  of  said  company  shall  at  all  times 
be  entitled  to  the  track  and  in  all  cases  wherein  any  wagon 
or  other  vehicle  shall  meet  or  be  overtaken  by  a car  upon 
any  of  the  tracks  of  said  company  in  said  city,  such  team 
or  other  vehicle  shall  give  place  to  such  car.  No  person 
shall  wilfully  or  maliciously  * obstruct,  hinder  or  interfere 
with  any  car  by  placing,  driving,  stopping  or  causing  to  be 
placed,  driven  at  a slow  pace  or  stopped,  any  wagon  or  other 
vehicle,  or  any  obstacle  whatsoever,  in,  upon,  across,  along 
or  near  any  track  of  said  company,  in  said  city,  after  being 
notified  by  the  driver  or  conductor  of  such  car,  by  the  ring- 
ing of  the  car  bell  o’*  otherwise,  to  cease  such  obstruction 
or  hindrance  : and  whoever  shall  wilfully  violate  any  of  the 
provisions  of  this  section  of  this  ordinance  shall,  upon  con- 
viction thereof,  before  any  police  magistrate  in  said  City  of 
Colorado  Springs,  be  fined  any  sum  not  less  than  five  ($5.09) 


50 


STRIvlvT  RAILWAYS. 


dollars  nor  more  than  one  hundred  ($ioo)  dollars  for  each 
and  every  such  offense.  Provided,  that  this  section  shall  not 
apply  to  the  laying  of  hose  and  movement  of  fire  apparatus 
in  case  of  fire. 

Section  ii.  The  said  company  shall  commence  the  con- 
struction of  its  railway  within  six  months  from  the  date 
of  the  passage  of  this  ordinance,  and  shall  have  the  same 
constructed  and  in  operation  on  Pike’s  Peak  avenue  from 
Cascade  avenue  to  the  eastern  city  limits  within  twelve 
months  from  the  date  of  such  jiassage  ; otherwise  the  rights 
and  privileges  hereby  granted  shall  cease.  (As  amended 
by  Ordinance  No.  342.  Passed  March  17,  1890.) 

Section  12.  The  rights  and  privileges  hereby  granted 
on  any  street  or  avenue  shall  be  held  to  be  terminated  and 
cancelled  if  said  company  shall  cease,  for  a period  of  thirty 
days,  after  it  commences  to  operate  its  road,  the  regular  daily 
transportation  of  passengers,  hindrance  by  the  elements 
excepted.  ’ 

Section  13.  The  right  of  way  across  the  right  of  way 
hereby  granted  under  the  track  of  said  railway  company  for 
pipes,  mains  and  conduits  for  water,  gas  and  sewerage  is 
reserved  to  the  City  of  Colorado  Springs. 

Section  14.  The  rights,  privileges  and  license  hereby 
granted  to  the  said  street  railway  company  arc  granted  sub- 
ject to  all  ordinances  and  police  regulations  of  the  City  of 
Colorado  Springs  now  in  force  or  that  may  hereafter  be 
adopted. 

Section  15.  The  rights  and  privileges  hereby  granted 
on  any  street  or  avenue,  or  any  part  thereof,  shall  be  held  to 
be  terminated  and  cancelled  if  said  company  shall  fail  within 
three  years  from  the  date  hereof  to  construct  and  operate  its 
railway  upon  such  street  or  avenue  or  part  thereof. 


stricet  raiewavs. 


51 


Section  16.  An  ordinance  entitled  ‘‘An  ordinance 
granting  a right  of  way  along,  over  and  across  certain 
streets,  avenues  and  alleys  in  the  City  of  Colorado  Springs  to 
the  El  Paso  Rapid  Transit  Company  and  authorizing  the 
construction  and  operation  of  a street  railway  thereon,” 
passed  May  20th,  1889,  is  hereby  repealed  and  all  the  rights 
and  franchises  thereby  granted  are  hereby  transferred  and 
confirmed  unto  The  Colorado  Springs  Rapid  Transit  Rail- 
way Company  above  named. 

Passed  March  i,  1890. 


AN  ORDINANCE 

Granting  to  the  Colorado  Springs  Rapid  Transit  Raihvay 
Company  the  Right  to  Locate,  Construet,  Operate  and 
Maintain  its  Railway  in  Cheyenne  Park. 

Be  It  Ordained  by  the  City  Council  oe  the  City  of 
Colorado  Springs: 

Section  i.  That  The  Colorado  Springs  Rapid  Transit 
Railway  Company  be  and  is  hereby  granted  the  right, 
privilege  and  license  to  locate,  construct,  operate  and  main- 
tain its  railway  from  its  present  terminus  upon  the  eastern 
limit  of  Cheyenne  park  westward  over,  across  and  in  said 
park  for  a distance  of  1,750  feet,  to  a point  near  the  en- 
trance of  South  Cheyenne  canon.  Provided,  said  company 
shall  lay  its  track  and  have  its  cars  ready  for  running  upon 
the  same  within  six  months  after  the  passage  of  this  ordi- 
nance ; and  further  provided,  that  no  extra  charge  shall 
be  made  by  said  company  for  passage  upon  said  railway  in 
said  park. 


5^ 


stre:e;t  raiways. 


S?:cTioN  2.  The  railway  track  of  said  company  shall  be 
laid  in  said  park  upon  a survey  therefor  to  be  made  by  the 
city  engineer,  and  in  the  construction  thereof  said  com- 
pany shall  not  needessly  destroy  any  of  the  trees  or  shrub- 
bery  of  said  park.  ‘ A plat  of  said  survey  is  now  on  file 
in  the  office  of  the  city  clerk. 

Section  3.  The  said  company  is  hereby  granted  the 
privilege  and  right  of  laying  one  switch  or  turnout  con- 
nected with  the  said  track  in  the  said  park  and  no  more ; said 
switch  or  turnout  not  to  exceed  two  hundred  feet  in  length. 

Section  4.  The  said  company  is  hereby  granted  per- 
mission and  required  to  erect  at  the  terminus  of  said  road  in 
said  park  a commodious  and  comfortably  enclosed  room 
for  the  accommodation  of  the  public  while  in  waiting  for 
said  cars  of  said  company.  And  said  company  is  hereby 
given  permission  to  erect  a pavilion  at  the  said  terminus 
connected  with  the  said  waiting  room  for  the  accommoda- 
tion of  the  public,  and  not  for  the  sale  of  refreshments  or 
other  articles.  All  such  structures  shall  be  well  built, 
painted  and  finished  and  of  such  structure  and  architecture 
as  to  be  creditable  to  this  city  and  its  park.  The  plans  and 
specifications,  together  with  the  place  of  location  of  said 
structures,  shall  be  submitted  to  the  City  Council  of  th[s 
city,  and  its  permission  and  approval  thereof  given  before 
the  erection  of  said  structures  are  commenced. 

Section  5.  This  council  grants  to  said  railway  com- 
pany full  and  exclusive  control  of  all  right  of  way  hereby 
granted,  and  of  all  buildings  by  it  erected  in  said  park  to  be 
used  only  for  the  purposes  above  stated,  except  that  it  ex- 
pressly reserves  to  itself  the  right  of  police  control  and 
regulation  over  the  same. 

Section  6.  All  costs  of  survey  of  the  line  of  said  rail- 
way track  and  location  of  said  buildings  shall  be  borne  by 


street  raieways. 


53 


said  company,  and  the  said  company  are  required  to  keep  the 
said  buildings  for  a distance  of  fifty  feet  surrounding  the 
same  in  good  condition  and  repair,  and  maintain  the  same 
without  charge  to  the  public. 

Section  7.  It  is  hereby  expressly  provided  that  at  any 
time  after  five  years  from  the  date  of  the  passage  of  this 
ordinance,  the  then  City  Council  may  repeal  the*  same  after 
having  submitted  the  question  of  the  repeal  of  said  ordinance 
to  a vote  of  the  tax  payers  of  the  City  of  Colorado  Springs, 
a majority  of  said  taxpayers  voting  having  voted  in  favor  of 
its  repeal. 

Passed  February  2,  1891. 


AN  ORDINANCE 

Granting  to  the  Colorado  Springs  Rapid  Transit  Raihoay 
Company  tlw  Right  to  Lay  a Double  Traek  in  West 
Huerfano  Street  and  Colorado  Avenue. 

P)E  It  Ordained  by  the  City  Council  of  the  City  of 
Colorado  Springs : 

Section  i.  That  The  Colorado  Springs  Rapid  Transit 
Railway  Company  is  hereby  granted  the  right,  privilege  and 
license  to  locate,  construct  and  operate  a double  track  in- 
stead of  a single  track  as  heretofore  operated  by  said  com- 
pany in  West  Huerfano  street  west  of  Monument  creek 
and  in  Colorado  avenue,  so  far  as  the  same  is  within  the 
limits  of  this  city ; and,  therefore,  said  company  is  au- 
thorized to  take  up  their  present  single  railway  track  laid 
therein  and  to  replace  the  same  with  a double  track  of 
standard  gauge,  which  shall  be  laid  with  nine  feet  space 
between  the  center  line  of  the  tracks  or  four  and  one-half 


54 


street  RAIEWAYS. 


feet  on  either  side  of  the  center  line  of  said  street  and 
avenue. 

Provided,  ahvays,  That  this  ordinance  shall  not  be  con- 
strued to  grant  any  additional  or  further  powers  or  rights 
to  said  Colorado  Springs  Rapid  Transit  Company  than 
the  rights  and  powers  already  granted  by  the  ordinances  of 
this  city,  save  and  except  the  right  to  lay  down  and  use  a 
double  track  instead  of  single  track  as  herein  specified. 

Passed  August  3,  1891. 


AN  ORDINANCE 

Granting  the  Right  of  Way  and  the  Use  of  Water  Power 
for  an  Bleetrie  Raihvay  Betzoeen  the'  City  of  Colorado 
Springs  and  the  Tozxni  of  Cripple  Creek,  to  Irving 
Howbert,  His  Assoeiates  and  Assigns. 

Whereas,  It  is  proposed  by  Irving  Howbert,  and  those 
whom  he  may  asociate  with  him,  to  construct  a line  of  rail- 
way between  the  City  of  Colorado  Springs  and  the  Town 
of  Cripple  Creek,  in  El  Paso  County,  Colorado,  and  to 
operate  the  same  by  electric  power,  in  transporting  passen- 
gers and  freight  between  those  points,  and  a part  of  said 
line  will  pass  through  the  lands  of,  and  a part  of  said  elec- 
tric power  can  best  be  generated  by  water  power  belonging 
to,  the  City  of  Colorado  Springs,  and  it  is  deemed  to  be 
for  the  best  interests  and  general  welfare  of  said  City  of 
Colorado  Springs  that  said  line  of  railway  be  constructed, 
maintained  and  operated  as  aforesaid ; therefore, 

?)E  It  Ordained  ry  the  City  Council  oe  the  City  oe 
Colorado  Springs: 

Section  i.  That  there  be,  and  hereby  is,  granted  to 


street  railways. 


55 


Irving  Howbert,  his  associates  and  assigns,  the  right  of 
way  for  an  electric  railway  through  and  across  any  lands 
belonging  to  the  City  of  Colorado  Springs,  located  in  Sec- 
tions 27  and  28,  in  Township  14  south,  Range  68  west  of 
the  sixth  principal  meridian,  to  the  extent  of  fifty  feet  on 
each  side  of  the  center  line  of  said  railway,  as  the  same 
may  be  located  by  the  most  •feasible  route  across  said  lands, 
and  approved  by  a committee  consisting  of  the  mayor,  the 
chairman  of  the  water  committee  and  the  city  engineer  of 
the  City  of  Colorado  Springs ; also  for  and  during  the 
term  of  twenty-five  years  from  the  date  of  the  passage 
thereof,  the  right  to  erect  and  maintain,  on  any  land  ac- 
quired by  said  city  from  the  United  States,  and  at  certain 
points,  and  at  no  other  place,  such  points  to  be  specifically 
designated  and  marked  on  the  ground  by  the  committee 
above  mentioned,  to-wit:  The  first  point  to  be  above  Lake 

Moraine  and  below  Seven  Lakes  Divide;  the  second  point 
above  Reservoir  No.  2,  and  below  the  east  portal  of  the 
Strickler  Tunnel ; the  third  point  above  the  west  portal  of 
Strickler  Tunnel  and  below  Reservoirs  No.  7 and  8 ; power 
houses  and  conduits  and  plants  for  the  generation  by  water 
power  of  electricity,  required  to  operate  said  railway  and 
to  utilize  therein  and  therefor,  but  for  no  other  purpose, 
(the  City  of  Colorado  Springs,  always  and  forever,  reserv- 
ing to  itself  and  its  use,  the  right  and  privilege  of  using 
any  and  all  of  such  water  for  any  purpose  whatsoever,  and 
at  any  and  all  points  on  any  part,  or  the  whole  of  such  water 
system,  save  and  except  at  the  points  designated  in  the 
manner  provided  in  this  ordinance)  the  water  of  any  stream, 
ditch,  flume  or  other  conduit,  belonging  to  the  water  sys- 
tem of  said  city,  between  upper  end  of  Lake  Moraine  and 
Reservoir  No.  7;  also  the  right,  during  said  term,  to  erect 
and  maintain  on  said  lands  all  necessary  poles  for  the  trans- 
fer of  said  electric  power  to  said  railway,  and  to  take  from 


stkkkt  railways. 


5^> 

said  lands  such  earth,  stone  and  dead  timber  as  may  be 
necessary  for  the  construction,  maintenance  and  o])eration 
of  said  railway,  power  houses  and  plants ; it  bein^q"  especially- 
provided  herein  that  the  said  The  City  of  Colorado  Spring's 
does  not,  and  will  not,  guarantee  nor  agree  to  furnish  anv 
specific  quantity  of  water,  nor  any  water,  through  or  bv 
virtue  of  its  said  system. 

Provided,  further,  (the  City  of  Colorado  Springs  al- 
ways reserving  to  itself  the  right  and  authority  to  deter- 
mine and  declare  what  constitutes  pollution  of  such  water) 
that  said  utilization  of  water  shall  neither  pollute  the  same 
nor  diminish  its  flow  into  Lake  Moraine,  nor  into  any 
other  part  of  the  water  system  of  the  said  City  of  Colorado 
Springs ; and  also  provided  that  none  of  the  waters  of  the 
said  system  shall  be  in  any  manner  polluted,  or  to  be  per- 
mitted to  be  polluted,  by  those  owning,  managing  or  con- 
trolling such  railway  or  right  of  way,  or  taking  water  there- 
from ; and  also  provided  that  if  the  construction  of  said  rail- 
way shall  not  have  been  commenced  within  nine  months, 
or  if  the  whole  of  said  railway  shall  not  have  been  com- 
pleted, and  be  in  operation,  through  its  whole  distance  be- 
tween terminal  point  thereof  in  the  City  of  Colorado  Springs, 
and  the  terminal  point  thereof  in  the  Town  of  Cripple  Creek, 
within  two  years  from  and  after  the  passage  of  this  ordi- 
nance, or  if,  after  the  completion  of  said  railway,  the  oper- 
ation thereof  shall  be  voluntarily  discontinued  for  a period 
of  twelve  hours  at  any  one  time,  all  the  rights  and  privileges 
herein  and  hereby  granted  shall  be  null  and  void,  and  the 
same  shall  revert  to  the  City  of  Colorado  Springs. 

Section  2.  The  City  of  Colorado  Springs  does  hereby 
reserve  the  right,  free  of  charge,  to  use  any  or  all  of  the 
poles  of  the  said  line  of  railway  herein  mentioned,  from  the 
terminal  point  thereof  in  the  said  The  City  of  Colorado 
Springs,  to  any  point  or  points  which  the  said  city  may  elect, 


STRKKT  KA1L.WAYS. 


57 


upon  the  line  of  said  railway,  for  the  purpose  of  stringing 
telegraph,  telephone  or  electric  wires,  or  for  all  of  said  pur- 
poses, for  the  use  of  the  City  of  Colorado  Springs,  ex- 
clusively. 

Section  3.  It  is  also  provided  that  the  general  and 
principal  offices  of  said  railway  shall  forever  be  kept  and 
maintained  by  the  said  Irving  Howbert,  his  associates  or 
assigns,  in  the  City  of  Colorado  Springs. 

Section  4.  The  franchise  herein  granted  is  subject  also 
to  the  express  condition  that  there  shall  never  be  made  any 
discrimination  whatever  in  the  charges  for  the  transporta- 
tion of  freight  or  passengers  against  the  said  The  City  of 
Colorado  Springs,  as  compared  with  any  other  city  or  town 
in  the  State  of  Colorado,  and  upon  a violation  of  any  of 
the  provisions  of  this  section,  such  violation  shall  render 
this  franchise,  and  the  rights  and  privileges  granted  there- 
under, null  and  void,  and  the  same  shall  revert  to  the  said 
The  City  of  Colorado  Springs. 

Section  5.  In  the  event  of  the  violation  of  any  of  the 
provisions,  contained  in  this  ordinance,  on  the  part  of  the 
said  Irving  Howbert,  his  associates  or  assigns,  all  the  rights 
and  privileges  herein  and  hereunder  granted,  shall  become 
null  and  void  and  the  same  shall  revert  to  the  said  The  City 
of  Colorado  Springs. 

Section  6.  At  the  expiration  of  said  term  of  twenty- 
five  years,  the  said  Irving  Howbert,  his  associates  and  as- 
signs, shall  have  the  first  right  to  take  and  receive  a grant 
of  the  same  or  like  rights  and  privileges,  for  any  extended 
term,  and  upon  such  conditions  as  may  at  such  time  be 
deemed  by  the  City  Council  to  be  wise  and  expedient. 

Passed  the  27th  day  of  July,  A.  D.  1897. 


58 


street  raiiavays. 


AN  ORDINANCE 

Granting  Right  of  Way  Over,  Along  and  Across  Certain 
Streets,  Alleys  and  Public  Places  in  and  Belonging  to 
the  City  of  Colorado  Springs-  to  W.  S.  Stratton,  His 
Heirs,  Legal  Representatives  and  Assigns,  and  Author- 
izing the  Construction  and  Operation  of  a Railway 
Thereon. 

Be  It  Ordained  by  the  City  Council  oe  the  City  oe 
Colorado  Springs: 

Section  i.  That  W.  S.  Stratton,  his  heirs,  legal  rep- 
resentatives and  assigns,  be  and  he  is  hereby  granted,  for  the 
period  of  twenty-five  (25)  years  the  right,  privilege  and 
license  to  erect,  construct  and  operate  by  motive  power  other 
than  steam  locomotives  or  animal  power,  and  to  maintain  a 
single  or  double  track  railway,  with  all  necessary  and  con- 
venient turnouts  and  switches  in,  upon,  along  and  across  the 
streets,  avenues,  alleys,  and  public  places  in  the  City  of  Colo- 
rado Springs  hereinafter  mentioned ; and  to  construct  and 
maintain  depots,  waiting  rooms,  yards,  shops,  barns,  build- 
ings, power  plants  and  works  and  other  appliances  for 
such  purposes  or  to  be  used  in  connection  therewith. 

Section  2.  That  the  said  W.  S.  Stratton,  his  heirs,  legal 
representatives  and  asigns,  be,  and  he  is  hereby,  authorized, 
after  he  shall  have  first  procured  and  filed  with  the  City  Clerk 
the  consent  in  writing  of  the  owners  of  more  than  one-half 
of  the  property  fronting  on  any  street  or  avenue  herein- 
after named  or  on  that  part  of  such  street  or  avenue  along 
which  he  proposes  to  construct  his  line  of  railway,  to  lay 
down  his  tracks  for  such  railway  in,  upon,  along  and  across 
the  following  streets,  avenues,  alleys  and  public  places,  or 
parts  thereof,  viz. : 


street  railways. 


59 


Beginning-  at  the  intersection  of  Nevada  avenue  ^nd 
Huerfano  street,  running  thence  north  on  Nevada  avenue 
to  Pike’s  Peak  avenue,  thence  easterly  on  Pike’s  Peak  avenue 
to  Wahsatch  avenue ; thence  northerly  on  Wahsatch  avenue 
to  Willamette  avenue  or  to  Dale  street ; thence  easterly  on 
Willamette  avenue  or  on  Dale  street  to  Corona  street ; thence 
northerly  on  Corona  street  or  on  Wahsatch  avenue  to  San 
Miguel  street ; thence  westerly  on  San  Miguel  street  to 
either  Wahsatch  avenue  or  Weber  street;  thence  northerly 
on  Wahsatch  avenue  or  Weber  street  to  Columbia  street; 
thence  westerly  on  Columbia  street  to  Weber  street;  thence 
northerly  on  Weber  street  to  Espanola  or  to  Caramillo 
street,  or  from  Wahsatch  avenue  west  on  San  Miguel  to 
Weber  street;  thence  on  Weber  street  to  Espanola  or  Cara- 
millo street;  thence  from  either  route  westerly  on  Espanola 
or  on  Caramillo  street  to  Tejon  street,  thence  northerly  on 
Tejon  street  to  the  city  limits;  also,  commencing  at  the  in- 
tersection of  Espanola  and  Weber  streets,  thence  north  on 
Weber  street  to  Van  Buren  street,  thence  west  on  Van  Buren 
street  to  Tejon  street. 

Also  beginning  at  the  intersection  of  San  Miguel  street 
and  Corona  street,  or  at  the  intersection  of  San  Miguel  street 
and  Wahsatch ' avenue ; thence  north  to  city  limits  and 
suburbs  thereof. 

Also  commencing  at  the  intersection  of  Wahsatch  ave- 
nue and  Caramillo  street ; thence  westerly  on  Caramillo 
street  to  Weber  street. 

Also  commencing  at  the  intersection  of  Pike’s  Peak  ave- 
nue and  Nevada  avenue,  thence  westerly  on  Pike’s  Peak 
avenue  to  Cascade  avenue ; thence  northerly  on  Cascade 
avenue  to  North  Park  Place,  thence  westerly  on  North  Park 
Place  to  Sierra  Madre  street ; thence  southerly  on  Sierra 
Madre  street  to  street  or  alley  between  Huerfano  street 
and  Antlers  Park;  thence  easterly  on  street  or  alley  on  to 


STREKT  RAILWAYS. 


r>o 

Sahwatch  street;  thence  southerly  on  Sahwatch  street  to 
Huerfano  street ; thence  easterly  on  Huerfano  street  to  Ne- 
vada avenue 

Also  from  the  intersection  of  Pike’s  Peak  avenue  and 
Cascade  avenue  southerly  on  Cascade  avenue  to  Huerfano 
street. 

Also  commencing  at  the  intersection  of  Wahsatch  ave- 
nue and  Bijou  street;  thence  easterly  on  Bijou  street  to  El 
Paso  street;  thence  north  on  El -Paso  street  to  Platte  ave- 
nue; thence  easterly  on  Platte  avenue  to  either  Prospect 
street  or  Institute  street;  thence  north  on  Institute  street  or 
Prospect  street  to  Cache  La  Poudre  street ; thence  northerly 
and  easterly  by  streets  or  private  right  of  way  to  city  limits 
and  suburbs  thereof. 

Also  commencing  at  the  intersection  of  Pike’s  Peak 
avenue  and  Nevada  avenue;  thence  running  north  on  Ne- 
vada avenue  to  Kiowa  street ; thence  easterly  on  Kiowa  street 
to  El  Paso  street ; thence  northerly  on  El  Paso  street  to 
Platte  avenue ; thence  easterly  on  Platte  avenue  to  either 
Prospect  street  or  Institute  street ; thence  northerly  on  either 
Prospect  street  or  Institute  street  to  Cache  La  Poudre  street ; 
thence  easterly  and  northerly  on  streets  or  private  right  of 
way  to  city  limits  and  suburbs  thereof. 

Also,  commencing  at  the  intersection  of  Pike's  Peak 
avenue  and  Prospect  street ; thence  southerly  on  Prospect 
street  to  Cimarron  street ; thence  easterly  on  Cimarron  street 
to  Prospect  Lake ; thence  in  a southeasterly  direction  to 
Evergreen  Cemetery. 

Also,  commencing  at  the  intersection  of  Nevada  avenue 
and  Huerfano  street ; thence  easterly  on  Huerfano  street 
to  El  Paso  street ; thence  southerly  on  El  Paso  street  or 
private  right  of  way  to  Cimarron  street ; thence  easterly  on 
Cimarron  street  to  Prospect  Lake ; thence  in  a southeasterly 
direction  to  Evergreen  Cemetery. 


STREET  RAILWAYS. 


6l 


Also  commencing-  at  the  intersection  of  Pike's  Peak 
avenue  and  Tejon  street ; thence  southerly  on  Tejon  street 
to  Vermijo  street;  thence  easterly  on  Vermijo  street  to 
Pueblo  avenue ; thence  on  Pueblo  avenue  to  Cimarron  street ; 
thence  on  Cimarron  street  to  Prospect  Lake ; thence  in  a 
southeasterly  direction  to  Evergreen  Cemetery. 

Also,  commencing  at  the  intersection  of  Huerfano 
street  and  Nevada  avenue;  thence  south  on  Nevada  avenue 
to  Pueblo  avenue ; 

Also  commencing  at  the  intersection  of  Vermijo  street 
and  Tejon  street;  thence  south  on  Tejon  street  to  the  south- 
erly limits  of  the  city  and  to  the  suburbs  thereof. 

Also  beginning  at  the  intersection  of  Pike’s  Peak  ave- 
nue and  Wahsatch  avenue;  thence  southerly  on  Wahsatch 
avenue  to  Costilla  street ; thence  westerly  on  Costilla  street 
to  Weber  street;  thence  south  on  Weber  street  to  Las  Ani- 
mas street ; thence  west  on  Las  Animas  street  to  city  limits. 

Also,  commencing  at  the  intersection  of  Wahsatch  ave- 
nue and  Pike’s  Peak  avenue ; thence  east  on  Pike’s  Peak 
avenue  to  Prospect  street ; thence  northerly  on  Prospect 
street  to  Platte  avenue ; 

Also,  commencing  at  the  intersection  of  Kiowa  street 
and  Nevada  avenue,  thence  north  on  Nevada  avenue  to 
Cheyenne  avenue ; thence  in  a northeasterly  direction  on 
Cheyenne  avenue  to  Wahsatch  avenue. 

Also,  commencing  at  the  intersection  of  Cache  La 
Poudre  and  Tejon  streets;  thence  northerly  on  the  line  of 
Tejon  street  across  private  right  of  way  to  San  Rafael 
street;  thence  northerly  on  Tejon  street  to  Uintah  street. 

Also,  commencing  at  the  intersection  of  Tejon  street 
and  Las  Animas  street ; thence  east  on  Las  Animas  street 
to  Nevada  avenue;  thence  south  on  Nevada  avenue  to  the 
southerly  limits  of  the  city  and  the  suburbs  thereof. 


62 


STREET  RAILWAYS. 


Also,  commencing  at  a point  on  the  easterly  line  of  the 
City  Park,  known  as  Cheyenne  Park ; opposite  either  Elec- 
tric avenue  of  Dixon  Park  Place  or  the  county  road  known 
as  Cheyenne  road  or  Cheyenne  avenue ; thence  northwest- 
erly via  the  Mesa  to  a point  fifty  feet  southeast  to  the  settler 
of  Broadmoor  water  works  of  North  Cheyenne  canon. 

Also,  commencing  at  a point  upon  the  easterly  line 
of  the  City  Park,  known  as  Cheyenne  Park,  opposite  either 
Electric  avenue  of  Dixon  Park  Place  or  the  county  road, 
known  as  the  Cheyenne  road  or  avenue,  thence  southwest- 
erly over  and  across  and  in  said  park  for  a distance  of  1750 
feet  to  a point  near  the  entrance  of  South  Cheyenne  canon. 

Also,  the  right  to  erect,  at  the  terminus  of  the  said  road, 
waiting  rooms  and  pavilions  for  the  accommodation  of  the 
pu1)lic. 

Also,  commencing  at  the  intersection  of  Huerfano  street 
and  Conejos  street;  thence  in  a southerly  direction  on 
Conejos  street  to  Las  Animas  to  connect  with  the  Colo- 
rado Springs  and  Cripple  Creek  District  railway. 

Section  3.  That  the  said  railway  may  be  used  for  the 
transportation  of  passengers  and  their  ordinary  hand  bag- 
gage, and  the  operation  of  passenger  cars  and  transportation 
of  passengers  of  and  from  other  lines  of  railway.  Also,  be- 
tween the  hours  of  ii  :oo  p.  m.  and  6:00  a.  m.  for  the  trans- 
portation of  coal,  at  a speed  of  not  more  than  eight  (8)  miles 
per  hour ; the  tracks  of  said  railway  to  be  kept  free  and  clear 
from  coal  scattered  by  the  cars  of  said  railway. 

Section  4.  That  no  track  of  such  railway  shall  be  ele- 
vated above  the  surface  of  any  street,  but  whenever  the  City 
Council  directs  all  tracks  shall  be  laid  so  as  to  conform  to  the 
established  grades  of  the  streets  of  said  city.  The  City  Engi- 
neer shall  establish  the  grades  for  said  W.  S.  Stratton,  his 


STREET  RAIEWAVS. 


^^3 

heirs,  le^al  representative  and  assigns,  before  the  construc- 
tion of  such  railway.  And  such  tracks  shall  be  of  such  char- 
acter and  shall  he  laid  in  such  manner  as  to  form  no  un- 
necessary impediment  to  the  ordinary  use  of  the  streets  for 
the  passage  of  wagons  and  other  vehicles  upon,  along  and 
across  the  same  from  any  point,  and  in  any  and  all  di- 
rections. Such  tracks  shall  also  be  laid  with  suitable  bridges 
or  culverts  at  all  gutters  so  as  to  permit  the  free  and  un- 
impeded flow  of  water  in  and  along  said  gutters. 

Section  5.  That  all  tracks  of  said  railway  shall  be  of 
standard  gauge,  and  when  a gingle  track  only  is  laid  in  any 
street  it  shall  be  laid  in  the  center  of  the  street  in  all  cases 
where  practicable.  \Miere  a double  track  is  laid  or  contem- 
plated in  any  street,  each  of  said  tracks  shall  be  laid  at  such 
distance  from  the  center  of  said  street  as  will  make  the 
center  point  between  the  two  tracks  the  center  of  the  street 
and  no  further  apart  than  required  for  the  convenient  passage 
of  cars.  In  no  event  shall  tracks  take  up  more  than  eighteen 
and  one-tenth  (18.1)  feet  of  said  streets. 

No  track  shall  be  laid  within  ten  (to)  feet  of  the  side- 
walk upon  any  street,  except  as  hereinafter  provided.  All 
turn-outs  shall  be  constructed  between  cross  streets.  In 
crossing  any  bridges  and  approach  thereto,  within  the  city 
limits,  the  tracks  shall  he  laid  thereon  in  such  manner  as 
the  City  Council  may  direct. 

Section  6.  That  said  W.  S.  Stratton,  his  heirs,  legal 
representatives  and  assigns  shall  keep  those  portions  of  the 
street  lying  between  the  rails  of  each  of  its  tracks  and  for  a 
space  of  two  (2)  feet  on  the  outside  of  each  rail  in  good  re- 
pair and  shall  plank  or  pave  between  the  two  tracks  and  two 
(2)  feet  in  width  outside  all  tracks  laid  in  crossing  such 
streets  or  avenues  as  the  City  Council  may  direct  and  shall 
also  plank  or  pave  between  all  tracks  and  for  a distance  of 


STRICKT  RAILWAYS. 


C>4 

two  (2)  feet  on  the  outside  of  each  rail  laid  on  any  street 
in  this  city  whenever  the  city  shall  pave  the  remaining- 
width  of  said  street,  all  work  to  l3e  done  in  conformity  with 
the  paving  laid  by  the  city. 

Section  7.  That  the  said  W.  S.  Stratton,  his  heirs, 
legal  representatives  and  assigns,  shall  build,  construct  and 
maintain  all  bridges  necessary  for  the  construction,  opera- 
tion and  maintenance  of  said  railway,  and  in  all  cases  where 
the  said  W.  S.  Stratton,  his  heirs,  legal  representatives 
and  assigns  shall  now  or  hereafter  desire  to  lay  and 
maintain  his  or  their  track  or  tracks,  across  and  upon 
any  bridge  already  constructed  or  hereafter  to  be  con- 
structed by  the  City  of  Colorado  Springs,  upon  any  street  or 
avenue  aforesaid,  he  or  they  may  so  lay  and  maintain  his  or 
their  track  or  tracks  across  such  bridge,  and  shall  pay  to 
said  city  one-third  (1-3)  of  the  cost  of  such  bridge  before 
he  or  they  shall  be  entitled  to  use  the  same. 

And  in  case  the  said  W.  S.  Stratton,  his  heirs,  legal 
representatives  or  assigns,  shall  at  any  time  desire  to  lay  and 
maintain  his  or  their  tracks  upon  or  across  any  bridge  or 
through  any  undercrossing  then  already  constructed  upon 
any  street  or  avenue  aforesaid,  which  is  not  of  sufficient 
width  or  strength,  in  the  judgment  of  a majority  of  the 
City  Council,  to  justify  the  laying  and  maintenance  of  said 
tracks,  the  said  W.  S.  Stratton,  his  heirs,  legal  represen- 
tatives or  assigns,  shall  in  every  case  at  his  or  their  own  ex- 
pense enlarge  or  strengthen  such  bridge  before  he  or  they 
shall  be  entitled  to  use  the  same, — and  all  such  work  shall, 
in  every  case,  be  done  under  the  supervision  of  the  Street 
Committee  and  the  City  Engineer  of  said  city,  and  shall  be 
approved  by  them  before  the  right  to  use  the  said  bridge 
in  any  way  shall  exist. 

And  the  said  W.  S.  Stratton,  his  heirs,  legal  represen- 


strket  railways. 


65 


tatives  or  assigns,  shall  also  bear  and  pay  to  said  city  from 
time  to  time  one-third  of  the  cost  of  all  repairs  to  every 
bridge  upon  or  across  which  his  or  their  track  or  tracks  shall 
be  laid  and  maintained  so  long  as  such  bridge  shall  be 
used  by  him  or  them. 

Section  8.  That  the  cars  or  carriages  of  said  W.  S. 
Stratton,  his  heirs,  legal  representatives  or  assigns  shall  be 
run  upon  and  along  his  or  their  tracks  in  conformity  with 
the  following  rules  and  regulations : 

(1)  No  car  shall  be  drawn  or  operated  at  a 
greater  rate  of  speed  than  eight  (8)  miles  per  hour  inside 
the  fire  limits;  and  sixteen  (16)  miles  per  hour  outside  of 
said  limits. 

(2)  No  car  shall  be  allowed  to  stop  on  a cross  walk 
or  in  front  of  any  intersecting  street,  except  to  avoid  col- 
lision or  injury  to  persons  or  to  take  on  or  let  off  passen- 
gers. 

(3)  All  proper  care  shall  be  used  by  conductors  and 
drivers  to  prevent  injury  to  persons  and  to  wagons  and 
other  vehicles. 

(4)  All  cars  shall  be  provided  with  proper  signal 
lights  and  signs  designating  destination. 

Section  9.  That  the  cars  of  said  W.  S.  Stratton,  his 
heirs,  legal  representatives  and  assigns,  shall  at  all  times  be 
entitled  to  the  tracks,  and  in  all  cases  wdierein  any  wagon  or 
other  vehicle  shall  meet  or  be  overtaken  by  a car,  in  said  city, 
such  team  or  other  vehicle  shall  give  place  to  such  car.  No 
person  shall  wdlfully  or  maliciously  obstruct,  hinder  or  in- 
terfere with  any  car  by  placing,  driving,  stopping,  or  caus- 
ing to  be  placed,  driven  at  a slow^  pace  or  stopped,  any  wagon 
or  other  vehicle  or  any  obstacle  whatsoever  in,  upon,  across, 
along  or  near  any  track  of  said  W.  S.  Stratton,  his  heirs. 


66 


STKl<:m'  KAIIAVAYS. 


lci>al  representatives  or  assigns,  in  .said  city,  after  being  no- 
tified by  the  conductor  or  driver  of  said  car  by  the  ring- 
ing of  the  car  bell  or  otherwise  to  cease  such  ol^struction 
or  hindrance ; and  whoever  shall  wilfully  violate  any  of  the 
provisions  of  this  section  of  this  ordinance  shall,  upon  con- 
viction thereof  before  any  Police  Magistrate  in  said  City  of 
Colorado  Springs,  be  fined  any  sum  not  less  than  Five 
($5.00)  Dollars,  nor  more  than  twenty-five  ($25.00)  Dol- 
lars for  each  and  every  such  offense.  Provided,  that  this  sec- 
tion shall  not  apply  to  the  laying  of  hose  and  movement  of 
fire  apparatus  in  case  of  fire,  or  funeral  processions  cross- 
ing the  track  of  the  said  W.  S.  Stratton,  his  heirs,  legal 
representatives  and  assigns. 

Section  10.  That  the  said  W.  S.  Stratton,  his  heirs, 
legal  representatives  or  assigns,  shall  commence  the  construc- 
tion of  his  or  their  railway  within  six  (6)  months  from  the 
date  of  the  passage  of  this  ordinance,  and  shall  diligently 
prosecute  the  work  to  completion  of  the  Northeast  line,  the 
Prospect  Lake  and  Cemetery  line,  according  to  the  terms  of 
this  ordinance,  within  eighteen  (18)  months  from  the  date  of 
its  passage,  it  being  understood  that  thirty  (30)  months’  time 
be  granted  for  the  completion  of  all  lines. 

Section  it.  That  the  right  of  way  across  the  right  of 
way  hereby  granted  under  the  tracks  of  said  W.  S.  Stratton, 
his  heirs,  legal  representatives  and  assigns,  for  pij^es,  mains 
and  conduits  for  water,  gas  and  sewerage  and  wires,  is  re- 
served to  the  City  of  Colorado  Springs. 

Section  12.  The  right  is  given  and  granted  to  erect 
wood  or  iron  poles  on  both  sides  of  the  streets,  alleys  or  ave- 
nues, and  to  place  wires  thereon  to  conduct  and  utilize  elec- 
trical power ; the  said  poles  shall  be  securely  placed  and  plant- 
ed in  the  earth  at  the  outer  edge  of  the  sidewalk  and  on  the 


STRLC12T  RAILWAYS. 


67 


produced  lines  of  lots  and  shall  not  be  less  than  twenty  (20) 
feet  in  height.  All  wooden  poles  shall  be  peeled  and  painted, 
and  right  is  reserved  for  the  city  fire  alarm  and  city  telephone 
wires  on  all  poles. 

Section  13.  That  the  said  W.  S.  Stratton,  his  heirs, 
legal  representatives  or  assigns,  shall  never  charge  more  than 
five  (5)  cents  for  one  passage  for  each  person  riding  on  his 
or  their  cars,  and  the  said  W.  S.  Stratton,  his  heirs,  legal  rep- 
resentatives or  assigns,  shall  sell,  tickets,  each  of  which  shall 
entitle  the  holder  to  one  passage  as  aforesaid,  as  follows : 
Twenty-two  (22)  tickets  for  one  ($1.00)  dollar.  Provided, 
that  children  under  ten  (10)  years  of  age  may  ride  at 
one-half  fare  for  each  passenger  by  tendering  a one-half 
fare  ticket ; the  said  one-half  rate  ticket  shall  be  sold  as  fol- 
lows: Twenty-two  (22)  tickets  for  fifty  (50)  cents;  eleven 
tickets  for  twenty-five  (25)  cents. 

Children  under  five  (5)  years  of  age,  when  in  charge 
of  anyone  paying  full  fare,  shall  be  entitled  to  ride  free. 

Section  14.  That  the  said  W. 'S.  Stratton,  his  heirs, 
legal  representatives  and  assigns,  shall  issue  to  each  passenger 
on  his  or  their  car  who  has  paid  his  full  fare,  a transfer  check 
without  charge  upon  his  request  which  shall  be  valid  for 
thirty  (30)  minutes  and  entitle  said  passenger  to  use  the 
same  upon  any  other  line  operated  by  the  said  W.  S.  Strat- 
ton, his  heirs,  legal  representatives  or  assigns,  for  the  con- 
tinuation of  his  passage  from  a point  in  said  city  to  a point 
farther  remote  from  his  point  of  starting  and  to  another 
point  within  said  city.  Provided,  his  other  said  passage  be 
not  continued  upon  a line  or  lines  paralleling  the  line 
issuing  said  transfer,  provided  that  the  Spruce  street  line 
be  not  considered  a parallel  line. 

That  the  said  W.  S.  Stratton,  his  heirs,  legal  representa- 
tives and  assigns,  shall  also  issue  to  and  receive  transfer  from 


68 


STRIvKT  RAIl.WAYS. 


otlier  connecting-  lines  of  railway  now  operated,  or  that  may 
be  operated  within  said  City  but  only  upon  the  conditions 
and  in  manner  and  form  in  this  section  above  provided  for 
issuance  of  transfers  between  different  lines  of  railway  which 
he  or  they  may  own  and  operate  as  may  be  agreed  upon 
between  W.  S.  Stratton,  his  heirs,  legal  representatives  and 
assigns,  and  the  owner  or  owners  of  other  lines  of  railways. 

Section  15.  That  the  said  W.  S.  Stratton,  his  heirs, 
legal  representatives  and  assigns,  as  partial  consideration  for 
the  rights  and  privileges  hereby  granted,  shall  furnish,  haul 
and  operate  upon  his  lines  along  such  streets  and  avenues  as 
the  City  Council  may  direct,  for  the  period  of  ten  hours  each 
day,  one  electric  sprinkling  car  without  charge  to  the  City 
therefor,  and  shall  furnish  the  power  for  propelling  said  car 
and  employes  to  operate  the  same,  provided  the  City  shall 
furnish  water  therefor.  The  said  sprinkling  car  shall  at  all 
times  be  run  so  as  not  to  interfere  with  his  or  their  passenger 
cars  passing  over  and  along  hii^  or  their  lines.  The  said  W. 
S.  Stratton,  his  heirs,  legal  representatives  or  assigns,  shall 
also  by  agreement  and  contract,  made  by  him  or  them  with 
The  Colorado  Springs  Rapi^l  Transit  Railway  Company, 
which  said  contract  shall  be  duly  approved  by  the  City 
Attorney,  cause  the  said  sprinkling  car  to  be  operated  over 
and  along  the  lines  of  the  said  The  Colorado  Springs  Rapid 
Transit  Railway  Company  as  well  as  on  his  or  their  lines, 
under  the  direction  of  the  City  Council  as  aforesaid,  and  the 
City  Council  may  at  their  election  at  any  time  after  one 
year  from  the  passage  of  this  ordinance  purchase  and  place 
upon  the  tracks  of  the  said  W.  S.  Stratton;  his  heirs,  legal 
representatives  and  assigns,  another  electric  sprinkler  car 
which  shall  be  operated  over  said  tracks  by  the  employes  of 
said  W.  S.  Stratton,  his  heirs,  legal  re])resentatives  and 
assigns,  and  the  power  furnished  therefor,  upon  j^ayment  by 


S’r  R K ICT  R A 1 1.  W A V S.  69 

the  City  of  such  employes’  wages  only,  and  payment  for  all 
repairs  and  maintenance  of  said  car. 

Section  i6.  The  rights  and  privileges  hereby  granted 
the  said  W.  S.  Stratton,  his  heirs,  legal  representatives  and 
assigns,  are  granted  subject  to  all  ordinances  and  police  regu- 
lations of  the  City  of  Colorado  Springs  now  in  force  or 
which  may  hereafter  be  adopted. 

Section  17.  The  rights  and  privileges  hereby  granted 
on  any  street  or  avenue  or  any  part  thereof  shall  be  held  to  be 
terminated  and  cancelled  if  the  said  W.  S.  Stratton,  his  heirs, 
legal  representatives  or  assigns,  shall  fail  within  thirty  (30) 
months  from  the  date  hereof  to  construct  and  operate  the 
railway  upon  such  streets  or  avenues  or  parts  thereof. 

Section  18.  That  W.  S.  Stratton,  his  heirs,  legal  rep- 

\ . . . 

resentatives  and  assigns  shall  give  a good  and  sufficient  bond 
in  the  penal  sum  of  Ten  Thousand  ($10,000)  Dollars  to  the 
City  of  Colorado  Springs,  conditioned  for  the  payment  to  all 
persons,  corporations,  associations,  and  the  City  of  Colorado 
Springs,  of  any  damages  sustained  by  them  or  any  of  them, 
or  by  the  City  of  Colorado  Springs,  and  for  which  the  said 
W.  S.  Stratton,  his  legal  representatives  and  assigns  may 
be  in  law  bound  and  held  by  reason  of  any  acts  of 
omission  or  commission  or  of  negligence  on  the  part  of  the 
said  W.  S.  Stratton,  his  legal  representatives  and  assigns, 
said  bond  to  be  approved  by  the  City  Council. 

Section  19.  This  ordinance  shall  be  in  force  after  its 
passage,  publication  and  approval  by  the  electors  of  the  City) 
as  required  by  law. 

Passed  March  6,  A.  D.  1901. 


/O 


STREI5T  RAILWAYS. 


AN  ORDINANCE 

Submitting  to  the  Electors  Within  the  City  of  Colorado 
Springs,  Who  Are  Taxpayers,  at  the  General  City  Elec- 
tion  to  be  Held  in  Said  City,  Tuesday,  April  2nd,  A.  D. 
IQOI,  an  Ordinance  Entitled 

'‘An  Ordinance  Granting  Right  of  JVay  Over,  Along  and 
Across  Certain  Streets,  Alleys  and  Public  Places  in.  and 
Belonging  to  the  City  of  Colorado  Springs  to  W.  S. 
Stratton,  His  Heirs,  Legal  Representatives  and  Assigns, 
and  Authorimng  the  Construction  and  Operation  of  a 
Railway  ThereonT  Passed  March  6th,  A.  D.  igoi,  for 
Their  Approval  or  Disapproval. 

Be  It  Ordained  by  the  City  Council  oe  the  City  oe 
Colorado  Springs: 

Section  i.  That  at  the  general  city  election  to  be  held 
on  Tuesday,  April  2nd,  A.  D.  1901,  there  shall  be  submitted 
to  the  electors  of  said  City,  who  are  taxpayers,  for  their  ap- 
proval or  disapproval,  an  ordinance  of'said  City  entitled  “AN 
ORDINANCE  GRANTINCz  RIGHT  OF  WAY  OYER, 
ALONG  AND  ACROSS  CERTAIN  STREETS,  AL- 
LEYS AND  PUBLIC  PLACES  IN  AND  BELONGING 
TO  THE  CITY  OF  COLORADO  SPRINGS  TO  W.  S. 
STRATTON,  HIS  HEIRS,  LEGAL  REPRESENTA- 
TIVES AND  ASSIGNS,  AND  AUTHORIZING  THE 
CONSTRUCTION  AND  OPERATION  OF  A RAIL- 
WAY THEREON,”  passed  March  6th,  A.  D.  1901,  author- 
izing W.  S.  Stratton,  his  lieirs,  legal  representatives  and 
assigns  to  construct  and  maintain  depots,  waiting  looms, 
yards,  shops,  barns,  liuildings,  power  plants  and  works  and 
other  appliances  for  such  purposes  or  to  be  used  in  connec- 
tion therewith. 

Section  2.  Voters  approving  of  the  passage  of  said  or- 
dinance and  of  the  granting  of  the  rights,  privileges  and  fran- 


STRIiOT  KAII.WAYS. 


71 


chises  therein  contained  will  deposit  a ballot  with  the  words 
printed  thereon  “For  the  Railway;”  and  those  who  disap- 
prove of  the  same  will  deposit  a ballot  with  the  words  print- 
ed thereon  “Against  the  Railway.” 

Section  3.  The  judges  acting  at  said  election  shall 
have  power  to  determine  the  qualifications  of  electors  to  vote 
on  said  proposition  and  for  such  purpose  are  authorized  to 
administer  oaths.  A separate  ballot  box  from  that  used  in 
voting  for  City  Officers  shall  be  provided  for  said  ballots  to 
be  placed  in  the  charge  and  keeping  o'f  said  judges,  in  which 
ballots  shall  be  deposited  as  reecived  and  numbered  in  the 
same  manner  as  ballots  of  voters  at  the  general  election. 
Separate  poll  books  and  tally  sheets  shall  be  provided  to  be 
kept  by  the  Clerks  of  said  election.  The  said  judges  shall 
distribute  to  electors  who  are  taxpayers  said  ballots  as  the 
same  may  be  required  and  receive  and  deposit  same  in  said 
ballot  box,  and  after  said  polls  have  been  closed,  shall, 
within  twenty-four  liours  thereafter  return  to  the  City  Clerk 
of  said  City  said  ballots,  ballot  boxes,  poll  books  and  tally 
sheets ; with  a certificate  under  their  hands  showing  how 
many  votes  have  been  cast  for,  and  how  many  votes  have 
been  cast  against  said  ordinance.  Before  distributing  said 
ballots  to  electors,  as  required,  one  of  said  judges  shall 
write  his  initials  in  ink  on  the  back  of  said  ballots.  The 
poll  books,  tally  sheets  and  ballot  boxes  above  mentioned 
shall  be  furnished  by  the  City  Clerk  at  the  opening  of  said 
polling  places.  Said  poll  books,  tally  sheets  and  certificates 
shall  be  securely  enclosed  and  sealed  by  said  judges,  directed 
to  the  City  Clerk  and  on  the  outside  thereof  marked  “Fran- 
chise, poll  books,  franchise  tally  sheets  and  franchise  certifi-  * 
cates”  and  also  the  number  of  the  voting  precinct  shall  be 
noted  thereon. 

At  the  first  meeting  of  the  City  Council  after  such  elec- 


7-^ 


stkki-:t  raii.wavs. 


tion,  the  City  Clerk  shall  present  to  the  City  Council  the 
returns  of  such  election  and  same  shall  then  and  there  be 
canvassed  by  said  City  Council,  and  the  vote  for  or  against 
said  franchise  ordinance  ascertained  and  announced  and  the 
result  thereof  spread  upon  the  records,  and  if  a majority 
vote  has  been  cast  in  favor  of  said  franchise  ordinance,  the 
record  of  said  City  Council  shall  declare  that  the  said  fran- 
chise ordinance  granting  to  said  W.  S.  Stratton,  his  heirs, 
legal  representatives  and  assigns,  the  rights,  privileges  and 
easements  therein  specified,  has  been  approved  by  a major- 
ity of  the  voters  of  the  City  who  are  taxpayers,  and  that  the 
same  from  that  date  shall  be  and  is  in  full  force  and  efifect 
according  to  its  terms  and  provisions. 

Section  4.  That  the  said  W.  S.  Stratton,  his  heirs, 
legal  representatives  or  assigns  shall  deposit  with  the  City 
Treasurer  of  said  City  the  sum  of  Two  Thousand  ($2,000) 
Dollars,  the  said  sum  to  be  subject  to  draft  or  warrants  signed 
by  the  Mayor  and  City  Clerk  to  be  applied  on  the  necessary 
expenses  incurred  by  this  franchise  election,  said  sum  to  be 
so  deposited  within  five  days  after  the  passage  of  this  ordi- 
nance. Provided,  that  any  part  of  said  Two  Thousand 
($2,000.)  Dollars  that  is  not  used  or  applied  in  payment 
of  the  expenses  of  said  election  shall  within  fifteen  days  after 
said  election  be  returned  to  said  W.  S.  Stratton,  his  heirs, 
legal  representatives  or  assigns. 

Section  5.  This  ordinance  shall  be  in  force  from  and 
after  its  passage  and  publication  as  required  by  law. 

Passed  March  6th,  A.  D.  1901. 


STREirr  RAII^VVAYS. 


73 


AN  ORDINANCE 

Cranting  Right  of  Way  Ozvr,  Along  and  Across  Certain 
Streets,  Alleys  and  Public  Places  in  and  Belonging  to 
the  City  of  Colorado  Springs  to  W.  S.  Stratton,  His 
Heirs,  Legal  Representatives  and  Assigns  and  Author- 
izing the  Construction  and  Operation  of  a Raihvay 
Thereon. 

1)K  It  Ordainkd  by  the  City  Council  oe  the  City  of 
Colorado  Springs: 

Section  i.  That  W.  S.  Stratton,  his  heirs,  legal  repre- 
sentatives and  assigns,  be  and  he  is  hereby  granted,  for  the 
period  of  twenty-five  (25)  years  from  March  6,  1901,  the 
right,  privilege  and  license  to  erect,  construct  and  operate  by 
motive  power  other  than  steam  locomotives  or  animal  power, 
and  to  maintain  a single  or  double  track  railway,  with  all  the 
necessary  and  convenient  turn-outs  and  switches,  in,  upon, 
along,  and  across  the  streets,  avenues,  alleys  and  public 
places  in  the  City  of  Colorado  Springs  hereinafter  men- 
tioned ; and  to  construct  and  maintain  depots,  waiting  rooms, 
yards,  shops,  barns,  buildings,  power  plants  and  works  and 
other  appliances  for  such  purposes  or  to  be  used  in  connec- 
tion therewith. 

Section  2.  That  the  said  W.  S.  Stratton,  his  heirs, 
legal  representatives  and  assigns,  be,  and  he  is  hereby  author- 
ized, after  he  shall  have  first  procured  and  filed  with  the  City 
Clerk  the  consent  in  writing  of  the  owners  of  more  than  one- 
half  of  the  property  fronting  on  any  street  or  avenue  herein- 
after named,  or  on  that  part  of  such  street  or  avenue  along 
which  he  proposes  to  construct  his  line  of  railway,  to  lay  down 
his  tracks  for  such  railway,  in,  upon,  along  and  across  the  fol- 
lowing streets,  avenues,  alleys  and  public  places,  or  parts 
thereof,  viz : 


74 


STREET  RAILWAYS. 


J>eginiiin£^-  at  the  intersection  of  Wahsatch  avenue  and 
Platte  avenue,  thence  east  on  Platte  avenue  to  the  intersec- 
tion of  Platte  avenue  and  El  Paso  street. 

Also  beginning  at  the  intersection  of  Hancock  avenue 
and  Pike’s  Peak  avenue,  thence  south  on  Hancock  avenue, 
either  as  laid  out  at  the  date  of  the  passage  of  this  ordinance 
or  as  the  same  may  hereafter  be  laid  out  and  extended,  to 
the  intersection  of  Cimarron  street  and  Hancock  avenue. 

Also  beginning  at  the  intersection  of  Walnut  street  and 
Pike’s  Peak  avenue,  thence  north  on  Walnut  street  to  Platte 
avenue,  thence  east  on  Platte  avenue  to  the  intersection  of 
Platte  avenue  and  Spruce  street. 

Also  beginning  at  the  intersection  of  Yampa  street  and 
Walnut  street,  thence  north  on  Walnut  street  to  San  Miguel 
street. 

Also  beginning  at  the  intersection  of  Pike’s  Peak  avenue 
and  Weber  street,  thence  south  on  Weber  street  to  inter- 
section of  Weber  and  Costilla  streets. 

Section  3.  That  the  said  railway  may  be  used  for  the 
transportation  of  passengers  and  their  ordinary  hand  bag- 
gage, and  the  operation  of  passenger  cars  and  transportation 
of  passengers  of  and  from  other  lines  of  railway.  Also,  be- 
tween the  hours  of  1 1 :oo  P.  M.  and  6;oo  A.  M.  for  the  trans- 
portation of  coal,  at  a speed  of  not  more  than  eight  (8) 
miles  per  hour ; the  tracks  of  said  railway  to  be  kept  free 
and  clear  from  coal  scattered  by  the  cars  of  said  railway. 

Section  4.  That  nO'  track  of  such  railway  shall  be  ele- 
vated above  the  surface  of  any  street,  but  whenever  the  City 
Council  directs  all  tracks  shall  be  laid  so  as  to  conform  to  the 
established  grades  of  the  streets  of  said  city.  The  City 
Engineer  shall  establish  the  grades  for  said  W.  S.  Stratton, 
his  heirs,  legal  representatives  and  assigns  before  the  con- 


STREET  RAILWAYS. 


75 


struction  of  such  railway,  and  such  tracks  shall  be  of  such 
character  and  shall  be  laid  in  such  manner  as  to  form  no 
unnecessary  impediment  to  the  ordinary  use  of  the  streets 
for  the  passage  of  wagons  and  other  vehicles  upon,  along 
and  across  the  same  from  any  point,  and  in  any  and  all 
directions.  Such  tracks  shall  also  be  laid  with  suitable 
bridges  or  culverts  at  all  gutters  so  as  to  permit  the  free 
and  unimpeded  flow  of  water  in  and  along  said  gutters. 

Section  5.  That  all  tracks  of  said  railway  shall  be  of 
standard  gauge,  and  when  a single  track  only  is  laid  in  any 
street  it  shall  be  laid  in  the  center  of  the  street  in  all  cases 
where  practicable.  Where  a double  track  is  laid  or  contem- 
plated in  any  street,  each  of  said  tracks  shall  be  laid  at  such 
distance  from  the  center  of  said  street  as  will  make  the  center 
point  between  the  two  tracks  the  center  of  the  street  and  no 
farther  apart  than  required  for  the  convenient  passage  of 
cars.  In  no  event  shall  said  tracks  take  up  more  than 
eighteen  and  one-tenth  (18.1)  feet  of  said  streets. 

No  track  shall  be  laid  within  ten  (10)  feet  of  the  side- 
walk upon  any  street,  except  as  hereinafter  provided.  All 
turnouts  shall  be  constructed  between  cross  streets.  In 
crossing  any  bridges  and  approach  thereto,  within  the  City 
limits,  the  track  shall  be  laid  thereon  in  such  manner  as  the 
City  Council  may  direct. 

Section  6.  That  said  W.  S.  Stratton,  his  heirs,  legal 
representatives  and  assigns  shall  keep  those  portions  of  the 
street  lying  between  the  rails  of  each  of  its  tracks  and  for  a 
space  of  two  feet  on  the  outside  of  each  rail  in  good  repair 
and  shall  plank  or  pave  between  the  two  tracks  and  two  (2) 
feet  in  width  outside  all  tracks  laid  in  crossing  such  streets  or 
avenues  as  the  City  Council  may  direct,  and  shall  also  plank 
or  pave  between  all  tracks  and  for  a distance  of  two  (2)  feet 


street  railways. 


7^> 

on  the  outside  of  each  rail  laid  on  any  street  in  this  city 
whenever  the  City  shall  pave  the  remainini^  width  of  said 
street,  all  work  to  be  done  in  conformity  with  the  paving- 
laid  by  the  City. 

Section  7.  That  the  said  W.  S.  Stratton,  his  heirs,  legal 
rejiresentatives  and  assigns,  shall  build,  construct  and  main- 
tain all  bridges  necessary  for  the  construction,  operation  and 
maintenance  of  said  railway,  and  in  all  cases  where  the  said 
W.  S.  Stratton,  his  heirs,  legal  representatives  and  assigns, 
shall  now  or  hereafter  desire  to  lay  and  maintain  his  or  their 
track  or  tracks  across  and  upon  any  bridge  already  con- 
structed or  hereafter  to  be  constructed  by  the  City  of  Colo- 
rado Springs  upon  any  street  or  avenue  aforesaid,  he  or  they 
may  so  lay  and  maintain  his  or  their  track  or  tracks  across 
such  bridge,  and  shall  pay  to  said  City  one-third  (1-3)  of 
the  cost  of  such  bridge  before  he  or  they  shall  be  entitled  to 
use  the  same. 

And  in  case  the  said  W.  S.  Stratton,  his  heirs,  legal 
representatives  or  assigns,  shall  at  any  time  desire  to  lay  and 
maintain  his  or  their  tracks  upon  or  across  any  bridge  or 
through  any  undercrossing  then  already  constructed  upon 
any  street  or  avenue  aforesaid,  which  is  not  of  sufficient 
width  or  strength,  in  the  judgment  of  a majority  of  the 
City  Council,  to  justify  the  laying  and  maintenance  of  said 
tracks,  the  said  W.  S.  Stratton,  his  heirs,  legal  representa- 
tives or  assigns  shall  in  every  case  at  his  or  their  own  expense 
enlarge  or  strengthen  such  bridge  before  he  or  they  shall  be 
entitled  to  use  the  same,  and  all  such  work  shall,  in  every 
case,  be  done  under  the  supervision  of  the  Street  Committee 
and  the  City  Engineer  of  said  City,  and  shall  be  approved 
by  them  before  the  right  to  use  the  said  bridge  in  any  way 
shall  exist. 

And  the  said  W.  S.  Stratton,  his  heirs,  legal  representa- 


STRKKT  l^Air.WAYS. 


77 


tives  or  assigns,  shall  also  bear  and  pay  to  said  City  from 
time  to  time  one-third  of  the  cost  of  all  repairs  to  every 
bridge  upon  or  across  which  his  or  their  track  or  tracks  shall 
be  laid  and  maintained  so  long  as  such  bridge  shall  be  used 
by  him  or  them. 

Section  8.  That  the  cars  or  carriages  of  said  W.  S. 
Stratton,  his  heirs,  legal  representatives  or  assigns,  shall  be 
run  upon  and  along  his  or  their  tracks  in  conformity  with  the 
following  rules  and  regulations : 

(1)  No  car  shall  be  drawn  or  operated  at  al  greater 
rate  of  speed  than  eight  (8)  miles  per  hour  inside  the  fire 
limits  and  sixteen  (j6)  miles  per  hour  outside  of  said 
limits. 

(2)  No  car  shall  be  allowed  to  stop  on  a crosswalk 
or  in  front  of  any  intersecting  street,  except  to  avoid  collision 
or  injuryUo  persons  or  take  on  or  let  off  passengers. 

(3)  All  proper  care  should  be  used  by  conductors  and 
drivers  to  prevent  injury  to  persons  and  to  wagons  and 
other  vehicles. 

(4)  All  cars  shall  be  provided  with  proper  signal 
lights  and  signs  designating  destination. 

Section  9.  That  the  cars  of  said  W.  S.  Stratton,  his 
heirs,  legal  representatives  and  assigns  shall  at  all  times  be 
entitled  to  the  tracks,  and  in  all  cases  wherein  any  wagon  or 
other  vehicle  shall  meet  or  be  overtaken  by  a car,  in  said 
city,  such  team  or  other  vehicle  shall  give  place  to  such  car. 
No  person  shall  wilfully,  or  maliciously  obstruct,  hinder  or 
interfere  with  any  car  by  placing,  driving,  stopping  or  caus- 
ing to  be  placed,  driven  at  a slow  pace  or  stopped,  any 
wagon  or  other  vehicle  or  any  obstacle  whatsoever,  in,  upon, 
across,  along  or  near  any  track  of  said  W.  S.  Stratton,  his 
heirs,  legal  representatives  or  assigns  in  said  city  after  being 


78 


STREI5T  RAILWAYS. 


notified  l)y  the  conductor  or  driver  of  said  car  hy  the  ringing 
of  the  car  hell  or  otherwise  to  cease  such  obstruction  or 
hindrance ; and  whoever  shall  wilfully  violate  any  of  the 
provisions  of  this  section  of  this  ordinance  shall,  upon  con- 
viction thereof  before  any  Police  Magistrate  in  said  city  of 
Colorado  Springs,  be  fined  any  sum  not  less  than  Five 
($5)  Dollars  nor  more  than  Twenty-five  ($25)  Dollars  for 
each  and  every  such  ofifense ; provided,  that  this  section 
shall  not  apply  to  the  laying  of  hose  and  movement  of  fire 
apparatus,  in  case  of  fire,  or  funeral  procession  crossing  the 
track  of  the  said  W.  S.  Stratton,  his  heirs,  legal  representa- 
tives and  assigns. 

Section  10.  That  the  said  W.  S.  Stratton,  his  heirs, 
legal  representatives  or  assigns,  shall  commence  the  con- 
struction of  his  or  their  railway  within  six  (6)  months  from 
the  date  of  the  passage  of  this  ordinance,  and  shall  diligently 
prosecute  the  work  to  completion  according  to  the  terms  of 
this  ordinance,  it  being  understood  that  thirty  (30)  months' 
time  be  granted  for  the  completion  of  all  lines. 

Section  ii.  That  the  right  of  way  across  the  right  of 
way  hereby  granted  under  the  tracks  of  said  W.  S.  Stratton, 
his  heirs,  legal  representatives  and  assigns,  for  pipes,  mains 
and  conduits  for  water,  gas  and  sewerage  and  wires,  is  re- 
served to  the  City  of  Colorado  Springs. 

Section  12.  The  right  is  given  and  granted  to  erect 
wood  or  iron  poles  on  both  sides  of  the  streets,  alleys  or  ave- 
nues, and  to  place  wires  thereon  to  conduct  and  utilize  elec- 
trical power ; the  said  poles  shall  be  securely  placed  and 
planted  in  the  earth  at  the  outer  edge  of  the  sidewalk  and  on 
the  produced  lines  of  lots  wherever  practicable,  and  shall 
not  be  less  than  twenty  (20)  feet  in  height.  All  wooden  poles 
shall  be  peeled  and  painted,  and  right  is  reserved  for  the  City 
fire  alarm  and  City  telephone  wires  on  all  poles. 


STRE:Ii:T  RAir.WAYS. 


79 


Section  13.  That  the  said  W.  S.  Stratton,  his  heirs, 
legal  representatives  or  assigns,  shall  never  charge  more  than 
five  (5)  cents  for  one  passage  for  each  person  riding  on  his 
or  their  cars,  and  the  said  W.  S.  Stratton,  his  heirs,  legal  rep- 
resentatives or  assigns,  shall  sell  tickets,  each  of  whom  shall 
entitle  the  holder  to  one  passage  as  aforesaid,  as  follows : 
Twenty-two  (22)  tickets  for  One  ($i)  Dollar;  provided  that 
children  under  ten  ( 10)  years  of  age  may  ride  at  one-half 
fare  for  each  passenger  by  tendering  a one-half  fare  ticket ; 
the  said  one-half  rate  ticket  shall  be  sold  as  follows : Twenty- 
two  (22)  tickets  for  fifty  (50)  cents;  eleven  tickets  for 
twenty-five  (25)  cents. 

Children  under  five  (5)  years  of  age,  when  in  charge 
of  anyone  paying  full  fare,  shall  be  entitled  to  ride  free. 

Section  14.  That  the  said  W.  S.  Stratton,  his  heirs, 
legal  representatives  and  assigns  shall  issue  to  each  passen- 
ger on  his  or  their  car,  who  has  paid  his  full  fare,  a transfer 
check  without  charge  upon  his  request,  which  shall  be  valid 
for  thirty  (30)  minutes  and  entitle  said  passenger  to  use  the 
same  upon  any  other  line  operated  by  the  said  W.  S.  Strat- 
ton, his  heirs,  legal  representatives  or  assigns,  for  the  con- 
tinuation of  his  passage  from  a point  in  said  city  to  a point 
farther  remote  from  his  point  of  starting  and  to  another 
point  within  said  city,  provided  his  other  said  passage  be 
not  continued  upon  a line  or  lines  paralleling  the  line  issuing 
said  transfer,  provided  that  the  Spruce  Street  line  shall  not 
be  considered  a parallel  line. 

That  the  said  W.  S.  Stratton,  his  heirs,  legal  rep- 
resentatives and  assigns,  shall  also  issue  to  and  receive  trans- 
fer from  other  connecting  lines  of  railway  now  operated,  or  • 
that  may  be  operated  within  said  city,  but  only  upon  the  con- 
ditions and  in  manner  and  form  in  this  section  above  pro- 


8o 


stricict  raimvays. 


vicled  for  issuance  of  transfers  l:)etween  clififerent  lines  of 
railway  which  he  or  they  may  own  and  operate,  as  may  be 
ag-reed  upon  between  W.  S.  Stratton,  his  heirs,  legal  repre- 
sentatives and  assigns,  and  the  owner  or  owners  of  other 
lines  of  railways. 

Sf.ction  15.  The  provisions  of  Section  XV  of  an  ordi- 
nance entitled  ‘‘AN  ORDINANCE  GRANTING  RIGHT 
OF  WAY  OVER,  ALONG  AND  ACROSS  CERTAIN 
STREETS,  ALLEYS  AND  PUBLIC  PLACES  IN  AND 
BELONGING  TO  THE  CITY  OF  COLORADO 
SPRINGS  TO  W.  S.  STRATTON,  HIS  HEIRS,  LEGAL 
REPRESENTATIVES  AND  ASSIGNS,  AND  AUTH- 
ORIZING THE  CONSTRUCTION  AND  OPERATION 
A RAILWAY  THEREON,”  passed  by  the  City  Council  of 
cil  of  the  City  of  Colorado  Springs  on  March  6th,  A.  D.  1901, 
wherein  the  said  W.  S.  Stratton,  his  heirs,  legal  represent- 
atives and  assigns,  agreed  to  furnish,  haul  and  operate  upon 
his  or  their  lines  of  street  railway  in  the  City  of  Colorado 
Springs  an  electric  sprinkling  car  under  certain  conditions, 
are  hereby  extended  to  the  lines  of  street  railway  constructed 
under  this  ordinance  with  the  same  effect  as  though  the  lines 
of  street  railway  constructed  hereunder  had  been  constructed 
under  and  by  virtue  of  the  above  entitled  ordinance  of  March 
6th,  1901. 

Section  16.  The  rights  and  privileges  hereby  granted 
the  said  W.  S.i Stratton,  his  heirs,  legal  representatives  and 
assigns  are  granted  subject  to  all  ordinances  and  police  regu- 
lations of  the  City  of  Colorado  Springs  now  in  force  or 
which  may  hereafter  be  adopted. 

Section  17.  The  rights  and  privileges  hereby  granted 
on  any  street  or  avenue  or  any  part  thereof  shall  he  held  to 
he  terminated  and  cancelled  if  the  said  W.  S.  Stratton,  his 


street  railways. 


8i 


heirs,  legal  representatives  or  assigns  shall  fail  within  thirty 
(30)  months  from  the  date  hereof  to  construct  and  operate 
the  railway  upon  such,  streets  or  avenues  or  parts  thereof. 

Section  18.  That  W.  S.  Stratton,  his  heirs,  legal  rep- 
resentatives and  assigns  shall  give  a good  and  sufficient  bond 
in  the  penal  sum  of  Ten  Thousand  ($10,000)  Dollars  to  the 
City  of  Colorado  Springs,  conditioned  for  the  payment  to  all 
persons,  corporations,  associations,  and  the  City  of  Colorado 
Springs,  of  any  damages  sustained  by  them  or  any  of  them, 
or  by  the  City  of  Colorado  Springs  and  for  which  the  said 
W.  S.  Stratton,  his  legal  representatives  and  assigns  may 
be  in  law  bound  and  held  by  reason  of  any  acts  of  omission 
or  commission  or  of  negligence  on  the  part  of  the  said  W.  S. 
Stratton,  his  legal  representatives  and  assigns,  said  bond  to 
be  approved  by  the  City  Council. 

Section  19.  This  ordinance  shall  be  in  force  after  its 
]iassage  and  publication  as  required  by  law. 

Passed  January  6th,  A.  D.  1902. 


AN  ORDINANCE 

Granting  Right  of  JVay  Over,  Along  and  Across  Certain 
Streets,  Alleys  and  Pnblic  Places  in  and  Belonging  to 
the  City  of  Colorado  Springs  to  The  Colorado  Springs 
and  Internrban  Railway  Company,  Its  Siiecessors  and 
Assigns,  and  Authorizing  the  Construction  and  Oper- 
ation of  a Railway  Thereon. 

Bic  It  Ordained  by  the  City  Council  of  the  City  of 
Colorado  Springs : 

Section  i.  That  the  Colorado  Springs  and  Internrban 
Railway  Company,  the  assignee  of  all  ‘the  rights,  privileges 


82 


BTRivlCT  RAILWAYS. 


and  franchises  heretofore  i^ranted  l>y  the  City  of  Colorado 
Springs  to  W.  S.  Stratton,  1)y  and  under  a certain  ordinance 
entitled:  “AX, ORDINANCE  GRANTING  RIGHT  OF 

WAY  OVER,  ALONG  AND  ACROSS  CERTAIN 
STREETS,  ALLEYS  AND  PUBLIC  PLACES  IN  AND 
BELONGING  TO  THE  CITY  OF  COLORADCj 
SPRINGS  TO  W.  S.  STRATTON,  HIS  HEIRS,  LEGAL 
REPRESENTATIVES  AND  ASSIGNS,  AND  AU- 
THORIZING THE  CONSTRUCTION  AND  OPERA- 
TION OF  A RAILWAY  THEREON,”  passed  by  the 
City  Council  of  the  City  of  Colorado  Springs,  on  March 
6th,  xV.  D.  1901,  and  its  successors  and  assigns  be,  and  they 
are  hereby  granted,  for  the  period  of  twenty-five  years  the 
right,  privilege  and  license  to  erect,  construct  and  operate 
by  motive  power  other  than  steam  locomotives  or  animal 
power,  and  to  maintain,  a single  or  double  track  railway, 
with  all  the  necessary  and  convenient  turnouts  and  switches 
in,  upon,  along  and  across  all  or  any  of  those  streets,  ave- 
nues, alleys  and  public  places  in  the  City  of  Colorado 
Springs  named  and  designated  in  the  aforesaid  ordinance 
passed  March  6th,  1901,  and  upon  which  said  Wk  S.  Strat- 
ton, his  heirs,  legal  representatives  or  assigns  have  not  here- 
tofore constructed  and  operated  a railway  under  said  ordi- 
nance, as  fully  as  though  said  streets,  avenues,  alleys  and 
public  places  were  set  forth  at  length  herein. 

Section  2.  The  rights,  privileges  and  franchises  herein 
granted  shall  be  enjoyed  in  pursuance  of  and  subject  to  the 
same  terms,  conditions,  provisions  and  restrictions  as  are 
contained  in  said  ordinance  of  March  6th,  1901,  except  as 
contained  in  Sections  X and  XVII  thereof  (the  terms  of 
which  are  not  applicable  hereto),  and  all  of  which,  save  said 
two  sections  aforesaid,  are  to  be  deemed  a part  of  this  ordi- 
nance as  fully  as  though  incorporated  herein.  Provided, 


STREET  RAILWAYS. 


83 


however,  that  The  Colorado  Springs  and  Interurban  Railway 
Company,  its  successors  or  assigns,  shall  not  be  required  to 
furnish,  propel  and  operate  upon  its  lines  of  railway  con- 
structed hereunder,  any  other  or  further  sprinkling  car  or 
cars  than  those  required  in  Section  X\k  of  said  Ordinance  of 
March  6th,  1901,  or  to  furnish  any  other  or  further  bond 
than  that  required  in  Section  XVIII.  of  said  ordinance ; and 

Provided,  further,  that  the  rights  and  privileges 
hereby  granted  on  any  street  or  avenue  or  any  part  thereof 
shall  be  held  to  be  terminated  and  cancelled  if  the  said  The 
Colorado  Springs  and  Interurban  Railway  Company,  its 
successors  or  assigns  shall  fail  on  or  before  September  6th, 
1906,  to  construct  and  operate  the  railway  upon  such  streets 
\ or  avenues  or  parts  thereof ; it  being  the  intention  of  this 
ordinance  to  extend  the  time  for  the  construction  and  opera- 
tion of  railways  upon  streets,  avenues,  etc.,  designated  in 
said  ordinance  of  March  6th,  1901,  and  upon  which  no  such 
railways  have  heretofore  been  constructed  and  operated 
thereunder,  for  three  years  from  September  6th,  1903,  the 
expiration  of  the  time  prescribed  in  Section  XVII.  of  said 
ordinance. 

Section  3.  That  the  Colorado  Springs  and  Interurban 
Railway  Company,  its  successors  and  assigns,  by  the  accept- 
ance hereof,  do  not  waive  or  relinquish  and  shall  not  be 
deemed  to  waive  or  relinquish  any  of  the  rights,  privileges 
and  franchises  which  it  has  acquired,  holds,  owns  and  en- 
joys under  said  ordinance  of  March  6th,  1901. 

Section  4.  This  ordinance  shall  be  in  force  after  its 
passage  and  publication,  as  required  by  law. 

Passed  October  5,  1903. 


84 


street  RAIEWAYS. 


AN  ORDINANCE 

Granting  Right  of  Jl^ay  Over,  Along  and  Across  Certain 
Streets,  Alleys  and  Public  Places  in  and  Belonging  to 
the  City  of  Colorado  Springs  to  the  Colorado  Springs 
and  Intenirban  Raikmy  Company,  Its  Successors  and 
Assigns,  and  Authorising  the  Construction  and  Opera- 
tion of  a Railway  Thereon;  and  Extending  and  Renew- 
ing the  Provisions  of  an  Ordinance  Untitled  “An  Ordi- 
nance Granting  Right  of  Way  Over,  Along  and  Across 
Certain  Streets,  Alleys  and  Public  Places  in  and  Belong- 
ing to  the  City  of  Colorado  Springs,  to  W.  S.  Stratton, 
His  Heirs,  Legal  RepresentatHes  and  Assigns  and 
Authorizing  the  Construction  and  Operation  of  a Rail- 
way Thereon,”  Passed  January  6th,  A.  D.  IQ02. 

Be  Br  Ordained  by  the.  City  Council  of  the  City  of 
Colorado  Sprinos: 

Section  i.  That  the  Colorado  Springs  and  Interurban 
Railway  Company,  the  assignee  of  all  the  rights,  privileges 
and  franchises  heretofore  granted  by  the  City  of  Colorado 
Springs  to  W.  S.  Stratton  by  and*  under  certain  ordinance 
entitled  “AN  ORDINANCE  GRANTING  RIGHT  OF 
WAY  OVER,  ALONG  AND  ACROSS  CERTAIN 
STREETS,  ALLEYS  AND  PUBLIC  PLACES  IN  AND 
BELONGING  TO  THE  CITY  OF  COLORADO 
SPRINGS  TO  W.  S.  STRATTON,  HIS  HEIRS,  LEGAL 
REPRESENTATIVES  AND  ASSIGNS  AND  AUTHOR- 
IZING THE  CONSTRUCTION  AND  OPERATION  OF 
A RAILWAY  THEREON,”  passed  by  the  City  Council  of 
the  City  of  Colorado  Springs  on  January  6th,  A.  D.  1902,  and 
its  successors  and  assigns  be,  and  they  are  hereby  granted 
for  tlie  period  of  twenty-five  years  the  right,  privilege  and 
license  to  erect,  construct  and  operate  by  motive  power  other 


street  railways. 


85 


than  steahi  locomotives  or  animal  power  and  to  maintain  a 
single  or  double  track  railway  with  all  the  necessary  and 
convenient  turnouts  and  switches  in,  upon,  along  and  across 
all  or  any  of  those  streets,  avenues,  alleys  and  public  places 
in  the  City  of  Colorado  Springs,  named  and  designated  in 
the  aforesaid  ordinance  passed  January  6th,  A.  D.  1902,  and 
upon  which  said  W.  S.  Stratton,  his  heirs,  legal  represent- 
atives or  assigns  have  not  heretofore  constructed  and  oper- 
ated a railway  under  said  ordinance,  including  the  following : 

Beginning  at  the  intersection  of  Walnut  street  and 
Pike’s  Peak  avenue,  thence  Morth  on  Walnut  street  to  Platte 
avenue,  thence  east  on  Platte  avenue  to  the  intersection  of 
Platte  avenue  and  Spruce  street ; 

Also  beginning  at  the  intersection  of  Yampa  street  and 
Walnut  street,  thence  north  on  Walnut  street  to  San  Miguel 
street. 

Section  2.  The  rights,  privileges  and  franchises  herein 
granted  shall  be  enjoyed  subject  to  the  same  terms,  condi- 
tions, provisions  and  restrictions  as  are  contained  in  said  ordi- 
nance of  January  6th,  A.  D.  1902,  except  as  contained  in 
Sections  X and  XVII  thereof  (the  terms  of  which  are 
not  applicable  hereto)  and  all  of  which,  save  said  two 
sections  aforesaid,  are  to  be  deemed  as  part  of  this  ordi- 
nance as  fully  as  though  incorporated  herein.  Provided, 
however,  that  The  Colorado  Springs  and  Interurban  Rail- 
way Company,  its  successors  or  assigns  shall  not  be  re- 
quired to  furnish,  propel  and  operate  upon  its  lines  of  rail- 
way constructed  hereunder  any  other  or  further  sprinkling 
car  or  cars  than  those  required  in  Section  XV  of  said  or- 
dinance of  January  6th,  A.  D.  1902,  or  to  furnish  any  other 
or  further  bond  than  that  required  in  Section  XVIII  of  said 
ordinance,  and  provided  further,  that  the  rights  and  privi- 
leges hereby  granted  on  any  street  or  avenue  or  any  part 


86 


STREET  R A I E\V  AYS. 


thereof  shall  he  held  to  be  terminated  and  cancelled  if  the 
said  The  Colorado  Sprins^s  and  Interiirban  Railway  Com- 
pany, its  successors  or  assig'ns,  shall  fail,  on  or  before  thirty 
months  from  the  date  of  the  passage  of  this  ordinance,  to 
construct  and  operate  the  railway  upon  such  streets  or  ave- 
nues or  parts  thereof ; it  being  the  intention  of  this  ordi- 
nance to  extend  the  time  for  the  construction  and  operation 
of  railways  upon  streets,  avenues,  etc.,  designated  in  said  or- 
dinance of  January  6th,  A.  D.  1902,  and  upon  which  no 
railways  have  heretofore  been  constructed  and  operated 
thereunder,  for  said  period  of  thirty  months  from  the  date 
of  the  passage  of  this  ordinance. 

Section  3.  That  The  Colorado  Springs  and  Interurban 
Railway  Company,  its  successors  and  assigns,  by  the  accept- 
ance hereof,  do  not  waive  or  relinquish  and  shall  not  be 
deemed  to  waive  or  relinquish  any  of  the  rights,  privileges 
and  franchises  which  it  has  acquired  and  holds,  owns  and 
enjoys  under  said  ordinance  of  January  6th,  A.  D.  1902. 

Section  4.  This  ordinance  shall  be  in  force  after  its 
passage  and  publication  as  required  by  law. 

Passed  November  14,  1904. 


AN  ORDINANCE 

Granting  Right  of  Way  Oz'cr,  Along  and  Across  Certain 
Streets,  Avenues  and  Public  Places  in  and  Belonging 
to  the  City  of  Colorado  Springs  to  the  Colorado  Springs 
and  Intenirhan  Railway  Company,  its  Successors  and 
Assigns,  and  A'lithoriiAng  the  Construction  and  Opera- 
tion of  a Railway  Thereon. 

Be  It  Ordained  I’.v  the  City  Council  of  the  City  of 
Colorado  Springs; 

Section  i.  That  the  Colorado  Springs  and  Interurban 


strke:t  railways. 


87 


Railway  Company,  a corporation  organized  and  existing  un- 
der and  by  virtue  of  the  laws  of  the  State  of  Colorado,  (here- 
inafter referred  to  as  the  Railway  Company),  be,  and  it 
hereby  is,  granted,  for  a period  of  twenty-five  years,  the 
right,  privilege  and  license  to  erect,  construct  and  operate 
by  motive  power  other  than  steam  locomotives  or  animal 
power,  and  to  maintain  a single  or  double  track  railway 
with  all  the  necessary  and' convenient  turn  outs  and  switches 
in,  upon,  along  and  across  the  streets,  avenues  and  public 
places  in  the  City  of  Colorado  Springs  hereinafter  men- 
tioned. ^ 

Section  2.  That  the  said  Railway  Company,  having 
heretofore  procured  and  filed  with  the  City  Clerk  the  written 
consent  of  the  owners  of  the  land  representing  more  than 
one-half  of  the  frontage  on  those  parts  of  the  streets  and 
avenues  along  which  it  proposes  to  construct,  operate  'and 
maintain  its  line  of  railway  as  hereinafter  mentioned,  be, 
and  it  hereby  is,  authorized  to  lay  down  its  tracks  for  such 
railway  in,  upon,  along  and  across  the  following  streets, 
avenues  and  public  places  or  parts  thereof,  namely ; 

Beginning  at  the  intersection  of  Costilla  street  with 
Tejon  street;  thence  east  on  Costilla  street  to  El  Paso  street; 
thence  south  on  El  Paso  street  to  Cimarron  street ; thence 
east  on  Cimarron  street  to  Hancock  avenue ; thence  south 
on  Hancock  avenue  to  the  city  limits  of  the  City  of  Colo- 
rado Springs. 

Section  3.  That  the  said  railway  may  be  used  for  the 
transportation  of  passengers  and  their  ordinary  hand  bag- 
gage, and  the  operation  of  passenger  cars  and  transportation 
of  passengers  of  and  from  other  lines  of  railway ; also, 
between  the  hours  of  1 1 :oo  p.  m.  and  6 :oo  a.  m.  for  the 
transportation  of  coal,  at  a speed  of  not  more  than  eight 


8S 


STRKICT  RAIRWAVS. 


(8)  miles  per  hour;  the  tracks  of  said  railway  to  be  kept 
free  and  clear  from  coal  scattered  by  the  cars  of  said  rail- 
way. 

Sec'i'iox  4.  'I'hat  no  track  of  such  railway  shall  be  ele- 
vated above  the  surface  of  any  street,  but  whenever  the  City 
Council  directs,  all  tracks  shall  be  laid  so  as  to  conform 
to  the  established  grades  of  the  streets  of  said  city.  The 
City  Engineer  shall  establish  the  grades  for  the  Railway 
Company  before  the  construction  of  such  railway,  and 
such  tracks  shall  be  of  such  character  and  shall  be  laid  in 
such  manner  as  to  form  no  unnecessary  impediment  to  the 
ordinary  use  of  the  streets  for  the  passage  of  wagons  and 
other  vehicles  upon,  along  and  across  the  same  from  any 
point,  and  in  any  and  all  directions.  Such  tracks  shall 
also  be  laid  with  suitable  bridges  or  culverts  at  all  gutters 
so  as  to  permit  the  free  and  unimpeded  flow  of  water  in 
and  along  said  gutters. 

Section  5.  That  all  tracks  of  said  railway  shall  be  of 
standard  gauge,  and  when  a single  track  only  is  laid  in  any 
street,  it  shall  be  laid  in  the  center  of  the  street  in  all 
cases  where  practicable.  Where  a double  track  is  laid 
or  contemplated  in  any  street,  each  of  said  tracks  shall 
be  laid  at  such  distance  from  the  center  of  said  street  as 
will  make  the  center  point  between  the  two  tracks  the  cen- 
ter of  the  street  and  no  further  apart  than  required  for 
the  convenient  passage  of  cars.  In  no  event  shall  such 
tracks  take  up  more  than  eighteen  and  one-tenth  (18.1) 
feet,  in  width,  of  said  streets. 

No  track  shall  be  laid  within  ten  (10)  feet  of  the  side- 
walk upon  any  street,  except  as  hereinafter  provided.  All 
turnouts  shall  be  constructed  between  cross  streets. 

Section  6.  The  said  Railway  Company  shall  keep  those 


8 


STUICICT  RAILWAYS. 


89 


portions  of  the  street  lying-  between  the  rails  of  each  of  its 
tracks  and  for  a space  of  two  feet  on  the  outside  of  each  rail 
in  good  repair,  and  shall  plank  or  pave  between  the  two 
tracks  and  two  (2)  feet  in  width  outside  of  all  tracks  laid 
in  crossing  such  streets  or  avenues  as  the  City  Council 
may  direct,  and  shall  also  plank  or  pave  between  all  tracks 
and  for  a distance  of  two  (2)  feet  on  the  outside  of  each 
rail  laid  on  any  street  in  this  city  whenever  the  city  shall 
pave  the  remaining  width  of  said  street,  all  work  to  be 
done  in  conformity  with  the  paving  laid  by  the  city. 

Section  7.  That  the  cars  or  carriages  of  said  Railwav 
Company  shall  be  run  along  and  upon  its  tracks  in  conform- 
ity with  the  following  rules  and  regulations : 

(1)  No  cars  shall  be  drawn  or  operated  at  a greater 
rate  of  speed  than  eight  (8)  miles  per  hour  inside  of  the 
fire  limits,  and  sixteen  (16)  miles  per  hour  outside  of  said 
limits. 

(2)  No  car  shall  be  allowed  to  stop  on  a cross  walk 
or  in  front  of  any  intersecting  street,  except  to  avoid  col- 
lision or  injury  to  persons  or  take  on  or  let  off  passengers. 

(3)  All  proper  care  shall  be  used  by  conductors  and 
drivers  to  prevent  injury  to  persons  and  to  wagons  and 
other  vehicles. 

(4)  All  cars  shall  be  provided  with  proper  signal 
lights,  and  signs  designating  destination. 

Section  8.  That  the  cars  of  said  Railway  Company 
shall  at  all  times  be  entitled  to  the  tracks,  and  in  all  cases 
wherein  any  wagon  or  other  vehicle  shall  meet  or  be  over- 
taken by  a car,  in  said  city,  such  team  or  other  vehicle  shall 
give  place  to  such  car.  No  person  shall  wilfully  or  mali- 
ciously obstruct,  hinder  or  interfere  with  any  car  by  placing, 
driving,  stopping  or  causing  to  be  placed,  driven  at  a slow 


90 


stkickt  railways. 


*pace  or  stopped,  any  wagon  or  other  vehicle  or  any  obstacle 
whatsoever  in,  upon,  across,  along  or  near  any  track  of  said 
Railway  Comj^any  in.  said  city,  after  being  notified  by  the 
conductor  or  driver  of  said  car  by  the  ringing  of  the  car 
bell  or  otherwise  to  cease  such  obstruction  or  hindrance ; 
and  whomsoever  shall  wilfully  violate  any  of  the  provisions 
of  this  section  of  this  ordinance  shall,  upon  conviction  there- 
of before  any  Police  Magistrate  in  said  City  of  Colorado 
Springs,  be  fined  any  sum  not  less  than  five  Dollars  ($5) 
nor  more  than  twenty-five  dollars  ($25)  for  each  and  every 
such  ofifense;  provided,  that  this  section  shall  not  apply  to 
the  laying  or  hose  and  movement  of  fire  apparatus  in  case 
of  fire,  or  funeral  processions  crossing  the  said  tracks. 

Section  9.  That  the ‘said  Railway  Company  shall  com- 
mence the  construction  of  its  railway  within  six  (6)  months 
from  the  date  of  the  passage  of  this  ordinance,  and  shall  dili- 
gently prosecute  the  work  to  completion  according  to  the 
terms  of  this  ordinance,  it  being  understood  that  thirty  (30) 
months’  time  is  granted  for  the  completion  of  all  lines 
authorized  hereunder. 

Section  10.  That  the  right  of  way  across  the  right  of 
way  hereby  granted,  under  the  said  tracks,  for  pipes,  mains 
and  conduits  for  water,  gas  and  sewerage  and  wires,  is 
reserved  to  the  City  of  Colorado  Springs. 

Section  ii.  The  right  is  hereby  given  and  granted  to 
said  Railway  Company  to  erect  wood  or  iron  poles  on  both 
sides  of  the  streets,  avenues  or  alleys  and  to  place  wires 
thereon  to  conduct  and  utilize  electrical  power;  the  said  poles 
shall  be  securely  placed  and  planted  in  the  earth  at  the  outer 
edge  of  the  sidewalk  and  on  the  produced  lines  of  lots 
wherever  practicable,  and  shall  not  be  less  than  twenty  (20) 
feet  in  height.  All  wooden  poles  shall  be  peeled  and  painted, 


STREET  RAILWAYS. 


91 


and  right  is  reserved  for  the  city  fire  alarm  and  city  tele- 
phone wires  on  all  poles. 

Section  12.  That  the  said  Railway  Company  shall  never 
charge  more  than  five  (5)  cents  for  one  passage  for  each  per- 
son riding  on  its  cars  on  the  line  of  railway  constructed  here- 
under, and  it  shall  sell  tickets,  each  of  which  shall  entitle 
the  holder  to  one  passage  as  aforesaid,  as  follows : Twenty- 
two  (22)  tickets  for  one  dollar  ($1)  ; provided,  that  chil- 
dren under  ten  (10)  years  of  age  may  ride  at  one-half 
fare  for  each  passenger  by  tendering  a one-half  fare  ticket. 
Children  under  five  (5)  years  of  age,  when  in  charge  of 
anyone  paying  full  fare,  shall  be  entitled  to  ride  free. 

Section  13.  That  the  said  Railway  Company  shall  issue 
without  charge,  to  each  passenger  on  its  car  on  said  line,  who 
has  paid  his  full  fare,  and  upon  his  request,  a transfer  check 
which  shall  be  valid  for  thirty  (30)  minutes  from  time 
of  issuance  and  entitle  said  passenger  to  use  the  same  as 
one  fare  upon  any  other  connecting  or  intersecting  line 
operated  by  the  said  Railway  Company  for  the  continua- 
tion of  his  passage  from  the  point  of  connection  or  intersec- 
tion with  such  other  line  to  a point  in  said  city  further 
remote  from  his  point  of  starting,  provided  his  said  passage 
be  not  continued  upon  a line  or  lines  paralleling  the  line 
issuing  said  transfer. 

Section  14.  The  rights  and  privileges  hereby  granted 
the  said  Railway  Company  are  granted  subject  to  all  ordi- 
nances and  police  regulations  of  the  City  of  Colorado  Springs 
now  in  force  or  which  may  hereafter  be  adopted. 

Section  15.  The  rights  and  privileges  hereby  granted 
on  any  street  or  avenue,  or  any  part  thereof,  shall  be  held  to 
be  terminated  and  cancelled  if  the  said  Railway  Company 
shall  fail  within  thirty  (30)  months  from  the  date  hereof 


9-^ 


STREET  RAILW'AYS. 


to  construct  and  operate  the  railway  upon  such  streets  or 
aA^enues  or  parts  thereof. 

Section  i6.  That  the  Railway  Company  shall  give  its 
bond  in  the  penal  sum  of  ten  thousand  dollars  ($10,000)  to 
the  City  of  Colorado  Springs,  conditioned  for  the  payment  to 
all  ])ersons,  corporations,  associations,  and  the  City  of  Colo- 
rado Springs,  of  any  damages  sustained  by  them  or  any 
of  them,  or  by  the  City  of  Colorado  Springs,  and  for  which 
the  said  Railway  Company  may  be  in  law  bound  and  held 
by  reason  of  any  acts  of  omission  or  commission  or  of 
negligence  on  its  part,  said  bond  to  be  approved  by  the 
City  Council. 

Section  17.  All  franchises,  rights,  licenses  and  privi- 
leges hereby  granted  and  all  terms,  conditions,  restrictions  and 
agreements  herein  contained,  are  granted  to,  shall  be  exer- 
cised and  enjoyed  by,  and  be  binding  and  enforcible  by  and 
against,  the  successors  and  assigns  of  said  Railway'  Com- 
pany. 

Section  18.  This  ordinance  shall  be  in  force  after  its 
passage  and  publication  as  required  by  law. 

Passed  July  6th,  1905. 


AN  ORDINANCE 

' Granting  Right  of  Way  Over,  Along  and  Across  Certain 
Streets,  Avenues  and  Public  Places  in  and  Belonging 
to  the  City  of  Colorado  Springs,  to  the  Colorado  Springs 
and  Interurban  Railzmy  Company,  its  Successors  and 
Assigns,  and  Authorizing  the  Construction  and  Opera- 
tion of  a Railway  Thereon. 

Be  It  Ordained  r.v  the  City  Council  oe  the  City  oe 
Colorado  Springs: 

Section  i.  That  the  Colorado  Springs  and  Interurban 
Railway  Company,  the  assignee  of  all  the  rights,  privileges 


STREET  RAILWAYS. 


93 


and  franchises  heretofore  granted  by  the  City  of  Colorado 
Springs  to  W.  S.  Stratton  by  and  under  a certain  ordi- 
nance entitled : “AN  ORDINANCE  GRANTING  RIGHT 
OF  WAY  OVER,  ALONG  AND  ACROSS  CERTAIN 
STRETS,  ALLEYS  AND  PUBLIC  PLACES  IN  AND 
BELONGING  TO  THE  CITY  OF  COLORADO 
SPRINGS  TO  W.  S.  STRATTON,  HIS  HEIRS,  LEGAL 
REPRESENTATIVES  AND  ASSIGNS,  AND  AU- 
THORIZING THE  CONSTRUCTION  AND  OPERA- 
TION OF  A RAILWAY  THEREON,”  passed  by  the  City 
Council  of  Colorado  Springs  on  March  6,  A/D.  1901 ; and 
its  successors  and  assigns  be,  and  they  are  hereby  granted 
for  a period  of  twenty-five  (25)  years  from  March  6,  1901, 
the  right,  privilege  and  license  to  erect,  construct,  and 
operate  by  motive  power,  other  than  steam  locomotive  or 
animal  power,  and  to  maintain  a single  or  double  track  rail- 
way with  all  necessary  and  convenient  turn  outs  and  switches 
in,  upon,  along  and  across  all  or  any  of  those  streets,  ave- 
nues, alleys  and  public  places  in  the  City  of  Colorado 
Springs,  hereinafter  set  forth. 

Section  2.  The  rights,  privileges  and  franchises  herein 
granted  shall  be  enjoyed  in  pursuance  of  and  subject  to  the 
same  terms,  conditions,  provisions  and  restrictions  as  are 
contained  in  said  ordinance  of  March  6,  1901,  except  as 
contained  in  Sections  X,  XVII  and  XIX  thereof  (the  term's 
of  which  are  not  applicable  hereto)  and  all  of  which,  save 
said  sections  aforesaid,  are  to  be  deemed  a part  of  this 
ordinance  as  fully  as  though  incorporated  herein.  Promded, 
however,  that  the  provisions  of  Section  XV  of  said  ordi- 
nance of  March  6,  A.  D.  1901,  wherein  the  said  W.  S.  Strat- 
ton, his  heirs,  legal  representatives  and  assignes,  agreed 
to  furnish,  haul  and  operate  upon  his  or  their  lines  of  street 
railway  in  the  City  of  Colorado  Springs  an  electric  sprink- 


94 


STREET  RAir.W'AVS. 


ling  car  or  cars  under  certain  conditions,  are  hereby  ex- 
tended to  the  lines  of  street  railway  under  this  ordinance, 
with  the  same  efifect  as  though  the  lines  of  street  railway 
constructed  hereunder  had  been  constructed  under  and  by 
virtue  of  the  above  entitled  ordinance  of  Alarch  6,  1901. 

Section  3.  That  the  said  The  Colorado  Springs 
and  Interurban  Railway  Company,  its  successors  and 
assigns,  be  and  it  is  hereby  authorized,  after  it  shall 
first  have  procured  and  filed  with  the  City  Clerk  the 
consent  in  writing  of  the  owners  of  more  than  one-half 
of  the  property  fronting  on  any  street  or  avenue  hereinafter 
named,  or  on  that  part  of  said  street  or  avenue  along  which 
it  proposes  to  construct  its  line  of  railway,  to  proceed  to 
construct  such  railway,  in,  upon,  along  and  across  the  fol- 
lowing streets,  avenues,  alleys  and  pujDlic  places  or  parts 
thereof,  viz. : 

Beginning  at  the  intersection  of  Huerfano  street  with 
Nevada  avenue,  running  thence  east  on  Huerfano  street  to 
the  point  where  the  right  of  way  to  The  Atchison,  Topeka 
& Santa  Fe  Railway  Company  now  crosses  Huerfano  street; 
also  beginning  at  the  intersection  of  Huerfano  street  with 
Wahsatch  avenue,  running  thence  north  on  Wahsatch  avenue 
to  the  intersection  of  Wahsatch  avenue  with  Kiowa  street; 
also  beginning  at  the  intersection  of  Wahsatch  avenue  with 
Kiowa  street  and  running  thence  east  on  Kiowa  street  to 
the  intersection  of  Kiowa  street  with  Institute  street,  thence 
running  north  on  Institute  street  to  the  intersection  of  Insti- 
tute street  with  Boulder  street;  also  beginning  at  the  in- 
tersection of  Boulder  street  with  Institute  street,  running 
thence  east  on  Boulder  street  to  the  city  limits ; also  begin- 
ning at  the  intersection  of  Tejon  street  with  Fontanero  street, 
running  thence  east  on  Fontanero  to -the  city  limits;  also 
beginning  at  the  intersection  of  Del  Norte  street  with  Weber 


TE:Ui:('.RAlMI 


95 


street,  running  thence  north  on  We1)er  street  to  the  inter- 
section of  Weber  street  with  Fontanero  street. 

Section  4.  That  the  rights  and  privileges  hereby 
granted  on  any  street  or  avenue  shall  be  held  to  be  termi- 
nated and  cancelled  if  the  said  The  Colorado  Springs  and 
Interurban  Railway  Company,  its  successors  or  assigns,  shall 
fail  on  or  before  six  months  from  the  date  of  the  passage  of 
this  ordinance  to  commence  the  construction  of  a railway 
upon  such  street  or  avenue,  and  on  or  before  eighteen  months 
from  the  date  of  the  passage  of  this  ordinance  to  have 
same  fully  constructed  and  in  operation  on  such  street  or 
avenue. 

Section  5.  That  The  Colorado  Springs  and  Interurban 
Railway  Company,  its  successors  and  assigns,  by  the  accept- 
ance hereof,  does  not  waive  or  relinquish,  and  shall  not  be 
deemed  to  waive  or  relinquish  any  of  the  rights,  privil- 
eges or  franchises  which  it  has  acquired,  holds,  ov>ms  and 
enjoys  under  said  ordinance  of  March  6,  1901. 

Section  6.  This  ordinance  shall  be  in  force  ‘after  its 
passage  and  publication  as  required  by  the  statutes  of  the 
State  of  Colorado. 

Passed  April  5,  1909. 


TELEGRAPH 

AN  ORDINANCE 

Granting  to  The  Postal  Telegraph  Cable  Company  the  Right 
to  Breet  and  Maintain  a Line  of  Poles  and  String  Wires 
Thereon  in  the  Pollowing  Named  Streets  and  Alleys  in 
the  City  of  Colorado  Springs,  Colorado. 

Be  It  Ordained  by  the  City  Council  oe  the  City  of 
Colorado  Springs: 

Section  i.  That  there  is  hereby  granted  to  The  Postal 


TJCI.ECiRAPlI 


(/) 

Telegraph  Cable  Company  the  right  to  erect  a line  of  poles 
and  string  wires  thereon  in  the  following  named  streets  and 
alleys  in  the  City  of  Colorado  Springs,  Colorado : 

Commencing  at  the  southeast  limits  of  the  city,  at  the 
east  end  of  Fountain  street,  thence  along  P'ountain  street 
to  an  alley  running  north  between  Tejon  street  and  Cascade 
avenue,  thence  north  by  said  alley  to  Cache  La  Poudre 
street,  thence  east  by  said  street  to  an  alley  running  north 
between  Nevada  Avenue  and  Weber  street,  thence  north  by 
said  alley  to  northeVn  limits  of  the  city,  and  by  some  street 
or  alley  to  be  hereafter  determined,  to  office  or  place  of 
business,  for  the  purpose  of  enabling  said  company  to  carry 
on  its  business  of  telegraphing  in  the  City  of  Colorado 
Springs. 

Section  2.  All  poles  and  wires  shall  be  erected  so  as 
not  to  interfere  with  the  public  travel  or  obstruct  any  street, 
avenue,  alley  or  crossing,  and  in  such  manner  as  shall  be 
directed  by  the  street  and  ditch  committee,  and  so  as  not 
to  interfere  with  other  wires  already  constructed.  And  all 
poles  shall  be  not  less  thaq  thirty  feet  in  height  from  the 
surface. 

Section  3.  The  City  of  Colorado  Springs  reserves  the 
right  to  string  wires  on  said  poles  for  its  fire  alarm  or  police 
telegraph  lines. 

Section  4.  This  ordinance  shall  be  in  force  and  take 
effect  after  its  passage  and  the  acceptance  of  the  same  by 
The  Postal  Telegraph  Cable  Company. 

Passed  this  fourth  day  of  June,  1890. 


telegraph 


97 


AN  ORDINANCE 

Granting  to  The  Postal  Telegraph  Cable  Company  the  Right 
to  Erect  and  Maintain  a Line  of  Poles  and  String  Wire 
Thereon  in  the  Folloztnng  Named  Streets  and  Alleys  in 
the  City  of  Colorado  Springs,  Colorado. 

Be  Ft  Ordained  by  ti-ie  City  Council  of  the  City  op 
Colorado.  Springs  : 

Section  i.  That  there  is  hereby  granted  to  The  Postal 
Telegraph  Cable  Company  the  right  to  erect  a line  of  poles 
and  string  wires  thereon  in  the  following  named  streets 
and  alleys  in  Colorado  Springs,  Colorado : Commencing 

at  the  east  end  of  alley  running  east  and  west  betw^een 
West  Huerfano  and  West  Cucharas  streets,  via  said  alley 
west  to  Seventh  street  in  West  Colorado  Springs.  Thence 
north  via  Seventh  street  to  an  alley  running  east  and 
west  between  Washington  and  Lincoln  avenues,  thence  west 
on  said  alley  to  the  \vestern  city  limits. 

Section  2.  All  poles  and  wires  shall  be  erected  so  as 
not  to  interfere  with  the  public  travel  or  obstruct  any  street,' 
avenue,  alley  or  crossing  and  in  such  a manner  as  shall  be 
directed  by  the  city  engineer,  street  commissioner  or  com- 
mittee on  streets,  alleys,  bridges  and  ditches. 

Section  3.  The  City  of  Colorado  Springs,  Colorado, 
reserves  the  right  to  string  wares  on  said  poles  for  its  fire 
alarm  or  police  telegraph  lines. 

Section  4.  This  ordinance  shall  be  in  force  and  take 
effect  after  its  passage  and  the  acceptance  of  the  same  by 
The  Postal  Telegraph  Cable  Company. 

Passed  June  15,  1891. 


(>s 


AN  ORDINANCE 

it  ranting  to  the  American  District  Telegraph  Messenger 

Company  of  Colorado  Springs,  Colorado,  the  Right  to 

Tree  I Poles  and  Maintain  Lines  in  the  City  of  Colorado 

Springs,  Colorado. 

T)!-  It  ()rdaixki)  i!V  the  City  Council  of  the  City  of 
Colorado  Srrtnc.s: 

Section  i.  That  there  is  hereby  "ranted  to  The  Amer- 
ican District  Telegraph  Messenger  Company  the  right  to 
erect  poles  and  string  wires  thereon  in  the  streets  and 
alleys  in  Colorado  Springs,  Colorado,  for  the  purpose  of 
establishing  a district  messenger  and  private  fire  alarm 
system. 

Section  2.  All  poles  and  wires  shall  be  erected  so  as 
not  to  interfere  with  the  public  travel  or  obstruct  any  street, 
avenue,  alley  or  crossing  and  in  such  a manner  as  shall  be 
directed  by  the  city  engineer,  or  committee  on  streets, 
alleys  and  ditches. 

Section  3.  The  City  of  Colorado  Springs,  Colorado, 
reserves  the  right  to  string  wires  on  said  poles  for  its  fire 
alarm  or  police  telegraph  lines. 

Section  4.  This  ordinance  shall  be  in  force  and  take 
effect  after  its  passage  and  the  acceptance  of  the  same  by 
The  American  District  Telegraph  Messenger  Company  of 
Colorado  Springs,  Colorado. 

Passed  this  7th  day  of  July,  1891. 


TKLIilMlOM-: 


99 


TELEPHONE 

AN  ORDINANCE 

Granting  to  the  Colorado  Telephone  Company  the  Right  to 
Lay  and  Maintain  Underground  Conduits  and  Wire 
Cables,  and  to  Breet  Telephone  Poles  and  Wires  in  the 
Streets  and  Alleys  of  the  City  of  Colorado  Springs, 
State  of  Colorado. 

Be  It  Ordained  by  the  City  Council  of  the  City  of 
CoEORADo  Springs : 

Section  i.  That  from  and  after  the  date  of  the  passag'e 
of  this  ordinance,  and  for  the  full  and  complete  period 
of  twenty  years,  The  Colorado  Telephone  Company,  a cor- 
poration duly  organized  and  existing  under  the  laws  of  the 
State  of  Colorado,  shall  have,  and  it  is  hereby  granted, 
the  right,  privilege,  and  license  to  lay  and  maintain  under- 
ground conduits,  cables  and  \yires,  and  to  construct  the 
necessary  manholes,  and  make  house  connections  in  con- 
necting therewith,  and  to  erect  such  poles,  wires  and  fix- 
tures, and  to  construct  and  maintain,  or  remove,  the  neces- 
sary poles  to  effect  the  change  from  aerial  to  underground 
wires,  and  to  distribute  wires  from  such  underground  con- 
duits in  and  through  the  streets  and  alleys  of  the  City  of 
Colorado  Springs,  as  may  be  necessary  for  the  operation 
of  a telephone  exchange  in  the  said  City  of  Colorado 
Springs. 

Section  2.  That  the  right  and  privilege  is  hereby 
granted  to  The  Colorado  Telephone  Company  upon,  along  or 
under  all  streets  and  alleys  and  public  ways,  and  to  all  ex- 
tensions of  the  same,  for  the  placing  of  poles,  posts,  under- 
ground conduits,  manholes,  cables  and  wires  and  other  nec- 
essary fixtures  for  maintaining  and  operating  said  telephone 


lOO 


TKIvEPllONE 


exchange  and  lines  connecting  therewith.  Providing,  how- 
ever,  that  no  pole  or  poles  or  other  fixtures,  shall  be  placed 
where  the  same  will  interfere  with  gas  lamp,  electric  light, 
or  water  hydrant ; nor  shall  any  such  pole  or  poles,  or 
other  fixtures  be  placed  in  any  streets,  except  at  the  outer 
edge  of  the  sidewalk,  or  in  any  alley,  except  close  to  the 
line  of  the  lot  abutting  on  said  alley,  and  these  in  such  man- 
ner as  not  to'  interfere  with  vehicles  passing  through  such 
alley,  or  with  other  necessary  use  of  the  same.  And  pro- 
vided further,  that  nothing  in  this  ordinance  shall  be  con- 
strued as  granting  to  the  said  The  Colorado  Telephone 
Company  the  exclusive  right,  or  to  prevent  the 'granting  of 
similar  privileges  to  other  companies  or  individuals  for 
like  purposes. 

Section  3.  The  privilege  and  license  hereby  granted, 
and  the  construction  of  the  said  telephone  lines,  shall  at  all 
times  be  subject  to  such  police  power,  reasonable  dominion 
and  regulation,  as  the  City  Council  of  the  said  City  of 
Colorado  Springs  may,  by  resolution  or  ordinance,  herein- 
after provide.  And  tlte  said  City  Council  of  said  city  re- 
serves to  itself  the  right  to  require  the  said  Telephone  Com- 
pany, at  any  time,  to  elevate  or  lower  the  wires  connected 
therewith  at  any  place  in  the  said  city,  to  such  height  above 
the  surface  of  the  street  as  it  may  deem  necessary,  which 
right  may  be  exercised  by  the  said  City  Council  by  resolu- 
tion prescribing  the  height  of  the  lowest  wire  above  the  sur- 
face of  the  street  in  any  specified  locality. 

Section  4.  The  said  Telephone  Company  shall,  before 
it  enters  upon  the  enjoyment  of  the  franchise  and  ordi- 
nance herein  granted,  execute  and  deliver  to  the  'City  of 
Colorado  Springs  a bond  in  the  penal  sum  of  twenty  thou- 
sand dollars  ($20,000.00),  with  two  sureties,  to  be  approved 
bv  the  mavor,  conditioned  that  it  will  properly  relay  all 


TmjCPIIONE 


lOI 


openin<j;-s  made  Idv  it  and  that  it  will  assume  all  damages  for 
personal  or  other  injuries  that  may  occur,  either  to  private 
individuals  or  corporations,  as  well  as  to  the  City  of  Colo- 
rado Springs,  holding  the  said  City  of  Colorado  Springs 
harmless  from  any  damages  occasioned  by  the  granting  of 
this  franchise  or  from  any  damages  occasioned  by  the  negli- 
gence or  want  of  care  on  the  part  of  the  said  The  Colorado 
Telephone  Company,  in  constructing  or  maintaining  of  its 
telephone  exchange  within  the  said  City  of  Colorado  Springs. 

Section  5.  Before  constructing  any  portion  of  the 
work  hereby  authorized,  the  said  The  Colorado  Telephone 
Company  shall  file  with  the  city  engineer  a plan  showing 
the  location  and  character  of  its  proposed  work.  And  all 
such  work  shall  be  performed  under  the  supervision  of  the 
city  engineer  of  the  City  of  Colorado  Springs. 

Section  6.  In  every  underground  conduit  construct- 
ed by  the  said  The  Colorado  Telephone  Company,  and  upon 
every  pole  erected,  sufficient  and  necessary  space  shall  be 
reserved  for  the  fire  department  and  the  police  telephone 
and  telegraph  wires  now  belonging  to,  and  that  may  here- 
after belong  to  the  City  of  Colorado  Springs,  and  the  fire 
and  police  departments,  by  their  representatives,  shall  be 
allowed  free  access  to  said  underground  conduits  and  poles, 
and  shall  be  allowed  facilities  and  privileges  in  putting  in 
or  on,  or  taking  out,  wires  equal  in  all  respects  to  those  of 
the  said  The  Colorado  Telephone  Company,  the  said  The 
Colorado  Telephone  Company,  by  the  acceptance  of  this 
ordinance,  hereby  contracting  to  furnish  the  necessary  un- 
derground conduit  and  pole  room  for  the  fire  and  police 
service  of  the  said  City  of  Colorado  Springs. 

Section  7.  The  said  The  Colorado  Telephone  Company 
shall  commence  its  underground  work,  provided  for  under 


102 


TliLIiPIIONi: 


the  provisions  of  this  ordinance,  within  six  months  of  the 
(late  of  its  passage,  and  shall,  within  two  years  of  its  pas- 
sage construct  its  underground  conduits  and  system  on  the 
following  streets,  removing  the  present  overhead  wires  as 
replaced  by  the  underground  wire  on  the  said  streets : 

Cascade  avenue  from  Platte  to  Cucharras. 

Tejon  street  from  Platte  avenue  to  Cucharras  street. 

Nevada  avenue  from  Platte  avenue  to  Cucharras  street. 

Platte  avenue  from  Cascade  avenue  to  Nevada  avenue. 

P)ijou  street  from  Cascade  avenue  to  Nevada  avenue. 

Kiowa  street  from  Cascade  avenue  to  Nevada  avenue. 

Pike’s  Peak  avenue  from  Cascade  avenue  to  Nevada 
avenue. 

Huerfano  street  from  Cascade  avenue  to  Nevada 
avenue. 

Cucharras  street  from  Cascade  avenue  to  Nevada  avenue. 

Section  8.  The  said  The  Colorado  Telephone  Company 
shall  remove  its  poles,  lines  and  overhead  wires  whenever 
and  so  far  as  replaced  by  underground  wires,  but  nothing 
shall  be  construed  to  prohibit  the  City  of  Colorado  Springs, 
at  any  time,  from  taking  such  action  as,  under  the  law  it 
now  has  and  may  hereafter  acquire  the  right  to  take,  to 
compel  the  said  telephone  company  to  remove  its  said  tele- 
phone poles,  lines  and  overhead  wires  from  the  streets. 

Section  9.  The  said  The  Colorado  Telephone  Company 
hereby  agrees  that  it  will,  inside  of  one  year  from  its  pas- 
sage, erect  on  a portion  of  lots  9,  10  and  ii  of  Block  72, 
Colorado  Springs,  a handsome’ brick  and  terra  cotta  tele- 
pbone  building,  to  cost  not  less  than  $11,500.00,  in  which  to 
centre  its  underground  plant. 

Passed  September  27,  18(97. 


I 


TELEPHONE 


103 


AN  ORDINANCE 

Granting  to  School  District  No.  ii  the  Right-of-Way  to 
Erect  Poles  and  String  Wires  for  the  purpose  of 
Operating  .a  Telephone  System,  Connecting  Various 
School  Buildings  in  the  Said  District. 

Be  It  Ordained  by  the  City  Council  oe  the  City  .of 
Colorado  Springs: 

Section  i.  That  there  be,  and  there  is  hereby 
g'ranted  to  School  District  No.  ii,  in  the  County  of  El 
Paso  and  State  of  Colorado,  for  a term  of  (25)  twenty-five 
years,  the  right-of-way  to  erect  all  necessary  poles  and 
string  all  wires  necessary  for  the  erection,  operation  and 
maintenance  of  a telephone  line  upon  all  such  streets  and 
alleys  in  the  said  City  of  Colorado  Springs  as  may  be 
necessary  for  the  said  School  District  to  occupy  for  t he 
purpose  only  of  erecting,  maintaining  and  operating  a tele- 
phone system  connecting  the  various  school  buildings  in  the 
said  district  and  underThe  control  thereof. 

Section  2.  The  plans  for  the  erection  of  the  said  poles 
and  the  stringing  of  said  wires  shall  be  submitted  to  the 
city  engineer  and  street  committee  of  the  City  of  Colorado 
Springs  for  their  approval,  and  the  erection  of  the  said 
poles  and  the  stringing  of  said  wires  shall  be  done  under  the 
supervision  of  the  said  city  engineer  and  street  committee. 

Section  3.  In  consideration  of  the  privileges  hereby 
granted,  the  City  of  Colorado  Springs  reserves  to  itself  the 
right  to  use  the  poles  erected  in  pursuance  of  the  authority 
hereby  granted  for  a telephone  system  for  its  own  use  and 
for  carrying  the  wires  of  the  fire  alarm  system  of  the  said 
City  of  Colorado  Springs,  and  the  acceptance  of  the  privi- 
leges granted  under  this  ordinance  by  the  said  School  Dis- 


104 


RAIU^OADS. 


trict  shall  be  deemed  to  be  an  acceptance  of  the  condilion 
and  reservation  in  this  paragraph  contained. 

Passed  19th  of  November,  A.  D.  1900. 


railroads 

AN  ORDINANCE 

Granting  the  Right  of  Way  of  the  Denver  and  New  Orleans 

Railroad  Company, 

P)K  It  Ordainkd  by  the  City  Council  of  the  City  of 
Colorado  Springs: 

Section  i.  That  The  Denver  and  New  Orleans  Rail- 
road company  be,  and  hereby  is,  authorized  to  locate,  con- 
struct, maintain  and  operate  a railroad  with  single  or 
double  track,  and  a telegraph  line,  and  all  necessary  turn- 
outs and  switches  on  and  along  the  following  route,  to-wit: 

Beginning  at  the  point  where  the  center  line  of  said 
railroad  as  heretofore  located  intersects  the  south  line  of 
block  two  hundred  and  fifty-four  (254)  of  The  Colorado 
Springs  Company’s  addition  No.  i to  said  city,  three  hun- 
dred and  sixty- four  (364)  feet  westerly  from  the  southeast 
corner  of  said  addition  as  shown  in  the  plat  of  said  town ; 
thence  over  such  land  as  said  company  may  now  own  or 
may  hereafter  acquire,  to  the  east  line  of  Wahsatch  avenue, 
where  the  same  will  intersect  the  center  line  of  Moreno 
avenue;  Moreno  avenue  produced,  thence  along  said  center 
line  of  Moreno  avenue  to  some  suitable  point  between  the 


RAILROADS 


•05 


east  line  of  Cascade  avenue  and  Sahwatch  street ; thence 
curving-  out  of  Moreno  avenue  and  across  any  property  now 
owned,  or  hereafter  to  be  acquired,  by  the  company,  to  the 
line  of  Sahwatch  street ; thence  curving  north  into  Sahwatch 
street  to  any  point  on  its  center  line  between  Moreno  avenue 
and  the  north  line  of  Cimarron  street,  thence  along  the  center 
line  of  Sahwatch  street  to  the  north  line  of  Huerfano  street, 
and  otherwise  to  extend  its  branch  line,  spurs  or  sidings,  upon 
or  over  any  property  the  company  may  own  or  hereafter 
acquire  to  depot  grounds,  warehouses,  sidings  or  for  other 
business  purposes,  or  to  connect  track  and  sidings  upon 
said  property  by  switches  and  turnouts  from  the  line  of 
track  through  the  streets  on  the  route  herein  above  indi- 
cated ; with  the  right  to  locate  and  use  all  depots,  ware- 
houses, machine  shops,  yards  and  other  buildings,  structures 
and  appliances,  necessary  and  proper  for  the  operation  of 
said  railroad,  and  the  transfer  of  freight  and  passen- 
gers thereon  and  thereover  to  and  from  the  City  of  Colo- 
rado Springs. 

Section  2.  That  said  company,  its  successors  and  as- 
signs are  hereby  authorized  to  operate  its  railroad  by  steam 
or  such  other  motive  power  as  they  may  deem  best. 

Section  3.  Said  company  shall  have  the  right  to  ex- 
change business  with,  and  run  its  cars  on  the  tracks  of  other 
railroads  entering  the  said  city,  and  to  allow  the  company  or 
person  controlling  such  other  railroad  to  run  upon  its 
tracks  on  such  terms  as  may  be  agreed  upon  between  it  and 
such  companies  or  persons. 

Section  4.  The  said  railroad  company  shall,  during 
the  continuance  of  this  right  of  way,  build  culverts  of  suffi- 
cient capacity  for  the  complete  drainage  of  streets  crossing 
its  lines ; shall  grade  the  approaches  and  plank  or  pave  the 
crossings  and  such  other  portions  of  the  streets  as  are  af- 


io6 


RAILROADS. 


fected  l)y  tlie  use  thereof  by  said  railroad  for  its  way,  in 
a complete  and  workmanlike  manner,  under  the  direction 
and  to  the  approval  of  the  city  engineer,  and  shall  at  all 
times  be  subject  to  all  ordinances  passed  by  the  City  Coun- 
cil of  said  city  for  the  regulation  of  railroad  companies 
within  its  limits. 

Section  5.  In  consideration  of  the  grant  of  the  fore- 
going privileges,  said  railroad  company,  before  entering  upon 
the  enjoyment  thereto,  shall  execute  to  said  city  the  bond  of 
said  company  in  the  penalty  of  ten  thousand  dollars,  con- 
ditioned that  the  said  company  shall  perform  the  require- 
ments of  any  and  all  ordinances  passed,  or  which  may  be 
passed  for  the  regulation  of  railroads  in  the  said  city,  and 
shall  indemnify  and  save  harmless  the  said  city  from  all 
costs,  loss  or  damage  whatsoever  by  reason  of  their  license, 
or  by  reason  of  the  construction,  maintenance  or  operation 
of  the  said  railroad.  (Passed  May  25th,  1882.) 

Section  6.  That  all  and  singular  the  rights  granted 
unto  The  Denver  and  New  Orleans  Railroad  Company,  un- 
der and  by  said  ordinance,  and  by  this  amendment  thereto, 
are  upon  the  express  condition  that  the  said  railroad  com- 
pany shall  locate,  construct  and  maintain  its  passenger  and 
freight  depots  upon  private  property  to  be  by  it  acquired, 
south  of  Huerfano  street  in  this  city ; and  the  said  rail- 
road company  shall  not  have  the  right  to  construct  its  track 
north  of  the  said  line  of  Huerfano  street  in  this  city  and 
shall  not  have  the  right,  authority  or  power  to  operate  any 
railroad  north  of  the  south  line  of  Huerfano  street  by 
steam  power  or  otherwise,  unless  thereunto  hereafter  ex- 
pessly  authorized  by  the  City  Council  of  this  city. 

Passed  May  31,  1882. 


RAILROADS 


107 


AN  ORDINANCE 

Granting  the  Denver  & New  Orleans  Railroad  Company 
the  Right  of  Way  for  Additional  Track  on  Moreno 
Az*enne. 

Be  It  OrdaixNEd  by  tpie  City  Council  oe  the  City  oe 
Colorado  Springs: 

Section  i.  That  The  Denver  and  New  Orleans  Rail- 
road Company  be  and  hereby  is  authorized  to  locate, ''  con- 
struct, maintain  and  operate  an  additional  length  of  track, 
with  single  or  double  track  and  all  necessary  turnouts  and 
switches,  on  and  along  the  following  route,  to-wit : 

Beginning  at  a station  456x15  on  the  main  Manitou 
branch  of  said  railroad  on  Moreno  avenue,  at  a point  309 
feet  east  of  the  east  line  of  Sahwatch  street ; thence  running 
west  on  Moreno  avenue,  a distance  of  909  feet  to  the  west 
line  of  Sierra  Madre  street ; then  beginning  at  a point 
on  said  above  described  line  309  feet  west  of  the  west  line 
of  Sahwatch  street  running  northeast  on  a curve  of  16  de- 
grees a distance  of  193  feet  till  it  strikes  the  south  line 
of  lot  number  14,  block  263,  addition  number  one ; and 
otherwise  to  extend  the  said  above  described  line,  its  spurs 
or  sidings  upon  or  over  any  property  the  company  may 
now  own  or  hereafter  acquire  to  the  depot  grounds,  ware- 
houses, sidings  or  for  other  business  purposes  or  to  connect 
track,  or  sidings  upon  said  property  by  switches  and  turn- 
outs from  said  line  of  track  upon  said  avenue  on  the  route 
above  indicated. 

Passed  December  4,  1882. 


io8 


RAILROADS. 


AN  ORDINANCE 

Granting  Privileges  and  the  Right  of  Way  Over  and  Across 
Certain  Streets  and  Alleys  m the  City  of  Colorado 
Springs  to  the  Colorado  Midland  Raihvay  Company. 

1)E  It  Ordainld  by  the  City  Council  or  the  City  of 
Colorado  Springs : 

Section  i.  That  the  Colorado  Midland  Railway  Com- 
pany be,  and  it  is,  hereby  granted  the  right,  privilege  and 
license  to  locate,  construct  and  operate  (by  steam  or  other 
motive  power)  and  maintain  a single  or  double  track  rail- 
way and  telegraph  line,  with  all  the  necessary  side  tracks, 
turn  outs,  switches,  depots,  shops,  yards,  and  all  other  ap- 
pliances required  for  the  transaction  of  its  business  within 
the  City  of  Colorado  Springs. 

Section  2.  That  said  railway  company  be,  and  it  is, 
hereby  authorized  to  enter  the  city  at  or  near  a point  on 
the  western  boundary  of  the  city,  about  twenty-five  hun- 
dred (2,500)  feet  north  of  the  southwest  corner  of  the 
southeast  quarter  of  section  thirteen  (13)  township  four-, 
teen  (14)  south,  range  sixty-seven  (67)  west  of  the  sixth 
principal  meridian ; and  to  run  thence  in  a southeasterly 
direction,  over  such  lands  as  may  be  acquired  by  it,  across 
or  above  streets  and  alleys  in  Parrish’s  addition  to  said 
City  of  Colorado  Springs,  and  across  Monument  creek,  and 
across  or  above  the  right  of  way  and  tracks  of  The  Denver 
& Rio  Grande  Railroad  Company  to  a point  near  the  cen- 
ter of  block  numbere  262 ; thence,  curving  to  the  left  and 
crossing  Sierra  Madre  street  and  Cimarron  street  on  such 
curve  to  a point  near  the  eenter  of  block  number  266; 
thence,  running  north,  crossing  Costilla  street,  Vermijo 
avenue  and  Cucharras  street,  to  the  southern  boundary  of 
Huerfano  street ; said  railway  company  is  authorized  to 
cross  within  the  limits  of  said  City  of  Colorado  Springs  on 
its  line  of  road  aforesaid,  the  following  named  streets : 


RAII.ROADS 


109 


Chestnut  street  and  Costilla  street,  in  said  Parrish’s  addi- 
tion; Sierra  Madre  street,  Cimarron  street,  Costilla  street, 
Vermijo  avenue  and  Cucharras  streets,  in  said  City  of  Colo- 
rado Springs,  and  all  alleys  upon  its  said  line  of  road,  as 
aforesaid ; also,  to  construct  and  maintain  one  or  more  tracks 
from  a point  on  its  said  line  near  the  center  of  said  block 
number  262 ; and  to  cross  said  Sierra  ]\Iadre  street  and 
Moreno  avenue  if  necessary  so  to  do  for  the  purpose  of  con- 
necting with  the  tracks  of  The  Denver,  Texas  & Gulf  Rail- 
road Company,  and  it  appearing  that  said  railway  company  is 
the  owner  of  more  than  one-half  the  frontage  of  Cimarron 
street,  between  Sierra  A'ladre  street  and  Sahwatch  street, 
it  is  further  authorized  to  lay  down  such  tracks,  not  ex- 
ceeding two  in  number,  in  and  along  Cimarron  street, 
between  Sierra  Madre  street  ahd  Sahwatch  street,  as  may 
be  necessary  for  the  purpose  of  enabling  it  to  make  con- 
nections at  or  near  the  junction  of  Cimarron  street  and 
Sahwatch  street,  with  the  tracks  of  The  Denver,  Texas  & 
Gulf  Railroad  Company ; and  said  The  Colorado  Midland 
Railway  Company  is  further  authorized  to  lay  down  its 
tracks,  not  exceeding  two  in  number,  in,  along  and  across 
Sahwatch  street,  at  or  near  its  junction  with  Cimarron 
street,  for  the  sole  purpose  of  connecting  the  same  with  the 
tracks  of  the  said  Denver,  Texas  & Gulf  Railroad  Company. 

Said  railway  company  is  authorized  to  make,  build  and 
construct  any  and  all  cuts,  fills,  bridges,  trestle  works,  cul- 
verts and  overhead  or  other  crossing  as  may  be  necessary 
along  or  upon  said  line  of  road  above  described;  hereby 
giving  and  granting  unto  the  said  The  Colorado  Midland 
Railway  Company  the  right,  privilege,  license  and  author- 
ity to  construct,  maintain  and  operate  its  said  raflway 
track  or  tracks  and  telegraph  lines,  with  all  necessary 
switches,  turnouts  and  side  tracks,  and  other  conveniences 


I lO 


RAILROADS. 


and  appliances,  on,  over  and  across  the  property  acquired 
l)y  it,  as  aforesaid,  according  to  the  location  of  its  said 
line  of  railway,  and  over,  along  and  across  the  streets, 
alleys  and  other  public  places  or  highways  upon  its  said 
line  of  railway,  as  aforesaid. 

Section  3.  That  the  rights,  privileges  and  license  here- 
by granted  shall  continue  during  the  existence  of  The  Colo- 
rado Midland  Railway  Company  as  a corporation. 

Section  4.  The  said  railway  company  shall  have  the 
right  to  exchange  business  with  and  run  its  cars  on  the 
tracks  of  all  other  railroads  entering  the  City  of  Colorado 
Springs,  and  to  allow  the  companies  operating  such  other 
railroads  to  run  upon  its  tracks,  upon  such  terms  as  may 
be  agreed  upon  between  it'^and  such  other  railroad  com- 
panies owning  or  controlling  such  railroads.  That  the 
rights,  privileges  and  license  hereby  granted  to  the  said 
-railway  company,  are  granted  subject  to  all  ordinances  and 
police  regulations  of  the  City  of  Colorado  Springs  now 
in  force  or  that  may  hereafter  be  adopted,  and  more  par- 
ticularly subject  to  the  following  terms  and  conditions, 
namely : 

( I ) The  said  railway  company  shall,  in  constructing 
its  said  track  or  tracks,  conform  to  the  grade  of  the  streets 
and  alleys  along  or  across  which  it  shall  run.  In  case 
the  grade  of  said  streets  or  alleys,  or  any  of  them, 
shall,  by  order  of  the  City  Council  of  the  City  of 
Coloado  Springs,  be  changed,  then  the  grade  of  said  track 
or  tracks  shall  likewise  be  changed  by  said  railway  com- 
pany so  as  to  conform  to  the  new  grade.  And  said  railway 
company  shall,  at  all  times,  keep  its  tracks  on  a level 
with  the  surface  of  said  streets  and  alleys,  except  in  cases 
where  it  may  cross  any  of  said  streets  or  alleys,  at  a suffi- 


RAIl, ROADS 


I I 1 

cient  hci^lit  above  the  same  so  as  not  to  ol)struct  travel 
thereon. 

(2)  Where  said  railway  company  crosses  streets  at 
j^-rade  it  shall  keep  the  same  for  the  space  of  twenty-five 
(25)  feet  on  each  side  of  its  track  or  tracks  in  g'ood  condi- 
tion. 

(3)  Said  railway  company  shall  fence  any  such  por- 
tions of  its  said  tracks  as  it  may  hereafter  be  required  to 
fence  by  resolution  of  the  City  Council,  or  by  ordinance 
of  the  city. 

(4)  Said  railway  company  shall  construct  good  and 
sufficient  cattle  guards  at  all  points  where  its  track  shall 
cross  any  of  said  streets,  on  both  sides  thereof,  if  it  shall 
be  required  so  to  do  hereafter  by  ordinance  of  said  city,  or 
by  resolution  of  the  City  Council. 

(5)  Said  railway  company  shall  not  suffer  any  loco- 
motives or  trains  to  be  run  over  its  line  of  road  within  the 
limits  of  the  City  of  Colorado  Springs,  east  of  the  tracks 
of  the  main  line  of  The  Denver  & Rio  Grande  Railroad 
Company  at  a greater  rate  of  speed  than  eight  (8)  miles 
an  hour. 

Section  5.  That  the  railway  company  shall  construct 
and  maintain  in  good  repair  suitable  culverts,  drains,  ditches 
or  sewers,  along  and  under  its  said  tracks,  where  necessary, 
so  that  water  cannot  stand  on  its  right  of  way,  and  so  that 
the  natural  drainage  of  the  property  above  or  adjacent  there- 
to shall  not  be  impeded  or  obstructed. 

Passed  July  28,  1886. 


R.MLROADS. 


I 1.2 

AN  ORDINANCE 

Crantini^  to  the  Colorado  Adidland  Raikvay  CoinRmy  Cer- 
tain Rights  of  Way  and  Privileges  in  the  City  of  Colo- 
rado Springs. 

P.K  It  Ordaixkd  r.v  T]jk  City  Couxcir,  oR  tiir  City  or 
Colorado  Springs: 

Section  i.  That,  it  appearing  that  The  Colorado  Mid- 
land Railway  Company  has  obtained,  and  filed  with  the  city 
clerk,  the  consent  of  more  than  a majority  of  the  owners 
of  property  . fronting  on  Moreno  avenue  between  Sierra 
Madre  street  and  South  Wahsatch  avenue,  to  the  use  of 
and  the  laying  down  of  its  railroad  track  in,  upon  and 
along  said  Moreno  avenue,  the  said  The  Colorado  Midland 
Railway  Company,’  in  addition  to  the  rights  and  privileges 
heretofore  granted  to  it  in  the  City  of  Colorado  Springs, 
is  hereby  granted  the  right  and  privilege,  and  is  hereby 
authorized  to  locate,  construct,  maintain  and  operate  a rail- 
way track  and  a telegraph  line  along  the  following  route, 
to-wit : 

Beginning  at  the  present  terminus  .of  the  track  of  said 
The  Colorado  Midland  Railway  Company  at  or  near  the 
intersection  of  Sierra  Madre  street  and  Moreno  avenue ; 
thence  easterly  along  Moreno  avenue  parallel  to  and  about 
sixteen  fi6)  feet  south  of  the  center  line  of  the  track  of 
The  Denver,  Texas  & Gulf  Railroad  Company,  as  at  pres- 
ent constructed,  to  a point  near  the  intersection  of  South 
Nevada  and  Moreno  avenues:  thence  southeasterly  along 
INforeno  avenue  to  a point  on  the  north  boundary  line  of 
block  256  ; thence  across  any  property  now  owned,  or  here- 
after to  be  acquired  by  the  said  The  Colorado  Midland 
Railwav  Company,  to  a point  on  the  east  lioundary  line 
of  said  block  144:  thence  continuing  northeasterly  and 


RAILROADS 


II3 

crossing  South  Wahsatch  avenue  to  a point  on  the  west 
boundary  line  of  block  253 ; thence  continuing  northeast- 
erly over  land  now  owned  or  hereafter  to  be  acquired  by 
the  said  The  Colorado  Midland  Railway  Company,  to  a 
connection  with  the  track  or  tracks  of  The  Denver  & Santa 
Fe  Railway  Company  as  at  present  or  which  may  hereafter 
be  constructed ; also  from  a point  in  said  block  256,  south- 
easterly, crossing  South  Weber  street  to  a point  on  the  west 
boundary  line  of  said  block  255 ; thence  across  land  now 
owned  or  hereafter  to  be  acquired  by  said  The  Colorado 
Midland  Railway  Company  to  a point  on  the  south  boun- 
dary line  of  said  block  255 ; thence  continuing  southeasterly 
crossing  Rio  Grande  street  and  South  Wahsatch  avenue, 
to  a connection  with  the  track  or  tracks  of  the  Denver  & 
Santa  Fe  Railway  Company,  as  at  present  or  which  may 
hereafter  be  constructed. 

Section  2.  Said  The  Colorado  Alidland  Railway  Com- 
pany is  authorized  to  make,  build  and  construct  any  and  all 
such  cuts,  fills,  bridges,  trestle  work,  culverts  and  cross- 
ings as  may  be  necessary  along  or  upon  said  line  of  railway 
above  described. 

Section  .3.  That  the  rights  and  privileges  hereby 

granted  shall  continue  during  the  existence  of  said  The  Colo- 
rado Midland  Railway  Company  as  a corporation. 

Section  4.  That  the  righits  and  privileges  hereby 

granted  to  said  The  Colorado  Midland  Railway  Company 
are  granted  subject  to  all  ordinances  and  police  regulations 
of  the  City  of  Colorado  Springs  now  in  force,  or  that  may 
hereafter  be  adopted,  and  subject  to  all  the  terms  and  con- 
ditions contained  and  set  forth  in  a certain  ordinance  passed 
by  the  City  Council  of  the  City  of  Colorado  Springs  on 

the  28th  of  July,  1886,  granting  riglit  of  way  and  privil- 


RAILROADS. 


II4 

eges  to  said  The  Colorado  Midland  Railway  Company. 
Passed  August  13th,  1887. 


AN  ORDINANCE 

Granting  to  the  Colorado  Midland  Railway  Company^  Cer- 
tain Rights  of  JVay  and  Prknleges  in  the  City  of  Colo- 
rado Springs. 

Be  It  Ordained  by  the  City  Council  oe  the  City  of 
Colorado  Springs: 

Section  i.  That  it  appearing  that  The  Colorado  Mid- 
land Railway  Company  has  obtained  and  filed  with  the 
city  clerk  the  consent  of  more  than  a majority  of  the  own- 
ers of  property  fronting  on  Moreno  avenue  between  Sierra 
INladre’ street  and  the  right  of  way  of  The  Denver  and  Rio 
Grande  Railroad  Company,  to  the  use  of,  and  the  laying 
down  of,  a spur  or  side  track  in,  upon  and  along  said 
Moreno  avenue,  between  the  points- above  named,  the  said 
The  Colorado  Midland  Railway  Company,  in  addition  to 
the  rights  and  privileges  heretofore  granted  to  it,  in  the 
City  of  Colorado  Springs,  is  hereby  granted  the  right 
and  privileges  and  is  hereby  authorized  to  locate,  con- 
struct, maintain  and  operate  a spur  or  side  track  along 
the  following  route,  to-wit : Beginning  at  a point  on  the 

main  irack  of  the  said  The  Colorado  Midland  Railway  Com- 
pany, near  the  intersection  of  Moreno  avenue  with  Sierra 
Madre  street,  thence  across  said  Sierra  Madrc  street  and 
along  Moreno  avenue  to  a point  between  Sierra  Madre 
street  and  the  right  of  way  of  The  Denver  & Rio  Grande 
Railroad  Company;  thence  southerly  through  block  261  in 
the  City  of  Colorado  Springs,  and  across  Rio  Grande  street. 


RAILROADS 


to  a point  on  the  leased  lands  of  J.  E.  Newton,  lying  south 
of  said  block  261. 

Section  2.  Said  The  Colorado  Midland  Railway  Com- 
pany is  authorized  to  make,  fill  and  construct  any  and  all 
cuts,  fills,  bridges,  trestle-work,  culverts  and  crossings  as 
may  be  necessary  along  the  spur  or  side  track  above  de- 
scribed. 

Section  3.  That  the  rights  and  privileges  hereby 
granted  shall  continue  during  the  existence  of  said  The 
Colorado  Midland  Railway  Company  as  a corporation. 

Section  4.  That  the  rights  and  privileges  hereby 

granted  to  said  The  Colorado  Midland  Railway  Company  are 
granted  subject  to  all  the  ordinances  and  police  regulations 
of  the  City  of  Colorado  Springs  now  in  force  or  that  may 
be  hereafter  created,  and  subject  also  to  an  ordinance  passed 
by  the  City  Council  of  the  City  of  Colorado  vSprings  on  the 
28th  day  of  July,  1886. 

Passed  February  i,  1888. 


AN  ORDINANCE 

Granting  Privileges  and  Right  of  Way  Over  and  Aeross 
Certain  Streets  and  Alleys  in  the  City  of  Colorado 
Springs,  to  the  Denver  and  Santa  Fe  Raihvay  Com- 
pany. 

Be  I'l  Ordained  by  the  City  Council  oE  the  City  oe 
Colorado  Springs: 

Section  i.  That  The  Denver  and  Santa  Fe  Railway 
Company  be,  and  it  is  hereby,  granted  the  right,  privilege 
and  license  to  locate,  construct  and  operate  (by  steam 


RAILROADS. 


1 I 6 

or  Other  motive  power)  and  maintain  a single  or 
double  track  railway  and  telegraph  line,  with  all  the  neces-' 
sary  side  tracks,  turnouts,  switches,  depots,  shops,  yards 
and  all  other  appliances  required  for  the  transaction  of  its 
business  within  the  City  of  Colorado  Springs. 

Section  2.  That  said  railway  company  be,  and  is 
hereby,  authorized  to  enter  the  city  at  a point  on  the  south- 
ern boundary  of  the  city,  at  or  near  the  southwest  corner 
of  the  northeast  quarter  of  the  northeast  quarter  of  section 
nineteen  (19)  township  fourteen  (14)  south  of  range 
sixty-six  (66),  in  El  Paso  county,  Colorado;  and  thence 
in  a northerly  direction  over  such  lands  as  may  be  ac- 
quired by  it,  to  a point  about  two  hundred  (200)  feet  east 
of  the  northeast  corner  of  block  three  hundred  and  six  (306) 
in  addition  No.  2,  to  said  city;  and  to  run  thence  across, 
over  or  above,  Rio  Grande  street  extended  to  a point  about 
seventy-five  (75)  feet  east  of  the  southwest  corner  of  block 
numbered  two  hundred  and  fifty-three  (253)  ; and  thence 
in  a northeasterly  direction,  over  such  lands  as  may  be 
acquired  by  it,  over  and  across  or  above  the  right  of  way 
and  tracks  of  The  Denver,  Texas  and  Gulf  Railroad  Com- 
pany ; and  thence  curving  to  the  right  across  Costilla  street, 
to  a point  about  the  center  of  block  numbered  two  hun- 
dred and  forty-nine  (249)  ; thence  in  a northeasterly  di- 
rection across  Vermijo  avenue,  Cucharras  street  and  Huer- 
fano streets,  to  a point  about  one  hundred  and  fifty  (150) 
feet  west  of  the  northeast  corner  of  block  numbered  two 
hundred  and  forty-five  (245);  thence  curving  to  the  left 
across  Pike’s  Peak  avenue  to  a point  about  fifty  (50)  feet 
west  of  the  northeast  corner  of  block  numbered  two  hun- 
dred and  forty-four  (244)  ; thence  running  north  across 
Kiowa  street  and  Bijou'  street  to  a point  about  one  hun- 
dred (100)  feet  west  of  the  point  where  Boulder  and  El 


RAILROADS 


II/ 


Paso  streets  intersect  each  other ; thence  curving  to  the  right 
across  El  Paso  street,  and  thence  in  a northeasterly  direc- 
tion across  Willamette  avenue ; said  streets  being  in  ad- 
dition No.  one  (i)  to  said  city  and  across  Arlington  street, 
in  Mountain  View  addition,  and  thence  curving  to  the  left 
and  running  in  a northwesterly  direction  across  Dale,  El 
Paso,  Yampa,  San  Rafael,  extended,  Uintah  and  Columbia 
streets,  to  a point  on  the  north  boundary  line  of  Columbia 
street,  east  of  Wahsatch  avenue,  in  addition  No.  one  (i) 
to  said  city,  and  thence  in  a northwesterly  direction  over 
and  across  the  southeast  quarter  of  section  six  (6)  town- 
ship fourteen  (14)  south  of  range  sixty-six  (66).  Said 
railway  company  is  authorized  to  cross  over  or  above  within 
the  limits  of  the  said  City  of  Colorado  Springs  on  its  line 
of  road  aforesaid,  the  following  named  streets : Rio  Grande 
street  extended,  Costilla  street,  Vermijo  avenue,  Cucharas 
street,  Huerfano  stre.et.  Pike’s  Peak  avenue,  Kiowa  street. 
Bijou  street,  Boulder  street,  El  Paso  street,  Willamette 
avenue  in  addition  No.  one  (i),  and  across  Arling/ton 
street,  in  the  Mountain  View  addition  to  the  City  of  Colo- 
rado Springs,  Dale  street,  El  Paso  street,  Yampa  street, 
San  Rafael  street,  extended,  Uintah  street  and  Columbia 
street  in  addition  No.  one  (i),  and  all  alleys  upon  its 
said  line  of  road  as  aforesaid.  Said  railway  company  is 
authorized  to  make,  build  and  construct  any  and  all  cuts, 
fills,  bridges,  trestle  work,  culverts,  overhead  or  other  cross- 
ings as  may  be  necessary  along  or  upon  said  line  of  road 
above  described ; hereby  giving  and  granting  unto  said  The 
Denver  and  Santa  Fe  Railway  Company  the  right,  privi- 
lege, license  and  authority  to  construct,  maintain  and  operate 
its  said  railway  track  or  tracks  and  telegraph  line,  with  all 
necessary  switches,  turnouts,  side  tracks  and  other  con- 
veniences and  appliances,  on,  over  and  across  the  property 


RAILROADS. 


1 l8 

acquired  by  it  as  aforesaid,  according  to  the  location  of 
its  said  line  of  railway,  and  over,  along  and  across  the 
streets,  alleys  and  other  public  places  or  highways  upon 
its  said  line  of  railway  as  aforesaid. 

Section  3.  That  the  rights,  privileges  and  license  here- 
by granted  shall  continue  during  the  existence  of  The  Den- 
ver and  Santa  Fe  Railway  Company,  as  a corportion. 

Section  4.  The  said  railway  company  shall  have  the 
right  to  exchange  business  with  and  run  its  cars  on  the 
tracks  of  all  other  railroads  entering  the  City  of  Colorado 
Springs,  and  to  allow  the  companies  operating  such  other 
railroads  to  run  upon  its  tracks,  upon  such  terms  as  may  be 
agreed  upon  between  it  and  such  other  railroad  companies 
owning  or  controlling  such  railroads.  That  the  rights, 
privileges  and  license  hereby  granted  to  the  said  railway 
company  are  granted  subject  to  all  ordinances  and  police 
regulations  of  the  City  of  Colorado  Springs,  now  in  force 
or  that  may  hereafter  be  adopted,  and  more  particularly 
subject  to  the  following  terms  and  conditions,  namely: 

(i)  The  said  railway  company  shall,  in  constructing 
its  said  track  or  tracks,  conform  to  the  established  grade 
of  the  streets  and  alleys  along  or  across  which  it  shall  run. 

In  case  the  grade  of  said  streets  or  alleys,  or  any  of 
them,  shall,  by  order  of  the  City  Council  of  the  City  of 
Colorado  Springs,  be  changed,  then  the  grade  of  said  track 
or  tracks  shall  likewise  be  changed  by  said  railway  com- 
pany so  as  to  conform  to  the  new  grade.  And  said  railway 
shall,  at  all  times,  keep  its  tracks  on  a level  with  the  es- 
tablished grade  of  said  streets  and  alleys,  except  in  cases 
where  it  may  cross  any  of  said  streets  or  alleys,  at  a suffi- 
cient height  above  the  same,  so  as  not  to  obstruct  travel 
thereon. 


RAILROADS 


I 19 

(2)  Where  said  railway  company  crosses  streets  at 
grade  it  shall  keep  the  same  for  the  space  of  twenty-five 
(25)  feet  on  each  side  of  its  track  or  tracks  in  good  con- 
dition. 

(3)  Said  railway  company  shall  fence  any  such  por- 
tion of  its  tracks  as  it  may  hereafter  be  required  to  fence 
by  resolution  of  the  City  Council,  or  by  ordinance  of  the 
city. 

(4)  Said  railway  company  shall  construct  good  and 
sufficient  cattle  guards  at  all  points  where  its  tracks  shall 
cross  any  of  said  streets,  on  both  sides  thereof,  if  it  shall 
be  so  required  to  do  hereafter  by  ordinance  of  said  city, 
or  by  resolution  of  the  City  Council. 

(5)  Said  railway  company  shall  not  suffer  any  loco- 
motive or  trains  to  be  run  over  its  line  of  road  within  the 
limits  of  the  City  of  Colorado  Springs,  north  of  the  line  of 
The  Denver,  Texas  and  Gulf  Railroad  Company,  at  a greater 
speed  than  eight  (8)  miles  an  hour. 

Section  5.  That  the  railway  company  shall  construct 
and  maintain  in  good  repair  culverts,  drains,  ditches  or  sew- 
ers, along  and  under  its  said  tracks,  where  necessary,  so 
that  water  cannot  stand  on  its  right  of  way,  and  so  that  the 
natural  drainage  of  the  property  above  or  adjacent  thereto 
or  water  in  existing  irrigating  ditches  shall  not  be  im- 
peded or  obstructed. 

Section  6.  The  city  reserves  the  right  and  privilege  to 
construct  any  sewer  or  irrigating  ditch,  or  lay  any  water 
or  gas  pipes,  under  the  roadbed  and  tracks  of  said  railway 
company,  provided  said  city  restores  such  roadbed  and  track 
or  tracks  to  its  former  state,  or  in  such  manner  that  its  use- 
fulness for  the  purpose  constructed  shall  not  be  impaired ; 
and  provided  further,  that  said  city  does  not  interfere  with 


1 JO 


KA]  INROADS. 


the  o])cralion  of  said  road  while  any  such  work  of  construct- 
ing- sewers  or  ditches,  or  laying  water  or  gas  pipes  is  in 
progress. 

Passed  April  2,  1887. 


AN  ORDINANCE 

Vacating  Certain  Portions  of  Streets  and  Alleys  in  the  City 
of  Colorado  Springs,  and  Granting  the  Use  Thereof  to 
The  Denver  and  Santa  Fe  Railway  Company. 

Bk  It  Ordained  by  the  City  Councie  of  the  City  of 
Colorado  Springs: 

Section  i.  That  the  following  portions  of  streets  and 
alleys  in  the  City  af  Colorado  Springs  be,  and  the  same 
are,  hereby  vacated  and  the  use  thereof  granted  to  The 
Denver  and  Santa  Fe  Railway  Company  for  the  purpose 
of  locating,  constructing  and  opening  a single  or  double 
track  railway  and  telegraph  line,  with  all  the  necessary 
side  tracks,  turnouts,  switches,  and  all  other  appliances  re- 
quired for  the  transaction  of  its  business,  within  the  City 
of  Colorado  Springs,  to-wit: 

So  much  of  Rio  Grande  street,  extended,  as  lies  be- 
tween the  east  line  of  South  Wahsatch  avenue  and  Shook’s 
run. 

So  much  of  Vermijo  avenue,  extended,  as  lies  between 
a point  three  hundred  feet  east  of  South  Wahsatch  avenue 
and  the  east  line  of  block  two  hundred  and  forty-nine. 

So  much  of  Cucharras  street  as  lies  between  a point  one 


RAILROADS 


121 


hundred  and  fifty  feet  east  of  the  east  line  of  Corona  street 
and  Shook’s  run. 

So  much  of  the  alley  in  block  two  hundred  and  forty- 
six,  from  the  west  end  of  said  block,  easterly  three  hundred 
and  fifty  feet. 

So  much  of  the  alley  in  block  two  hundred  and  forty- 
five  from  a point  two  hundred  feet  east  of  the  west  line  of 
said  block  extending  easterly  three  hundred  and  fifty  feet. 

So  much  of  Bijou  street  as  lies  between  El  Paso  street 
and  a point  eighty  feet  west. 

Passed  October  17,  1887. 


AN  ORDINANCE 

Providing  for  the  Vacation  of  Portions  of  Pike’s  Peak  Ave- 
nue and  Huerfano  Street  and  Embodying  a Contract 
with  the  Atchison,  Topeka  and  Santa  Fe  Railway  Com- 
pany with  Reference  to  Certain  Public  Improvements. 

Section  i.  That  all  that  surface  portion  of  Pike’s  Peak 
avenue  lying  between  the  west  line  of  El  Paso  street  and  a line 
drawn  from  a point  on  the  north  line  of  Pike’s  Peak  avenue 
one  hundred  and  thirty  (130)  feet  west  of  the  west  line  of  E’ 
Paso  street  to  a point  on  the  south  line  of  Pikes  Peak  avenue 
one  hundred  and  seventy  (170)  feet  west  of  the  west  line  of 
El  Paso  street,  lying  between  blocks  244  and  245,  Addition 
No.  I to  the  City  of  Colorado  Springs,  be  and  the  same  is 
'hereby  vacated  and  discontinued  as  a street. 

Section  2.  That  all  that  surface  portion  of  Huerfano 
street  lying  between  the  west  line  of  El  Paso  street  and  a line 
drawn  from  a point  on  the  north  line  of  Huerfano  street  four 


122 


RAII^ROADS. 


hundred  and  twenty-seven  and  three-tenths  (427.3)  feet 
west  of  the  west  line  of  El  Paso  street  to  a point  on  the  south 
line  of  Huerfano  street  four  hundred  and  fifty-three  (453) 
feet  west  of  the  west  line  of  Ef  Paso  street,  between  Blocks 
245  and  246,  Addition  No.  i to  the  City  of  Colorado  Springs, 
be  and  the  same  is  hereby  vacated  and  discontinued  as  a 
street. 

Section  3.  The  use  and  occupation  of  the  surface  por- 
tions of  Pike’s  Peak  avenue  and  Huerfano  street  hereby 
vacated,  is  granted  to  The  Atchison,  Topeka  & Santa  Fe 
Railway  Company,  its  successors  and  assigns.  Provided, 
hozvever,  that  no  building  shall  be  located  or  constructed  on 
that  surface  portion  of  Pike’s  Peak  avenue  so  vacated,  as 
aforesaid. 

Section  4.  The  going  into  effect  of  this  ordinance  shall 
be  wholly  contingent  and  conditional  upon  the  said  Railway 
Company,  its  successors  and  assigns,  filing  with  the  City 
Clerk  of  the  City  of  Colorado  Springs  within  sixty  (60)  days 
after  its  passage,  the  written  acceptance  by  the  said  Railway 
Company  of  the  provisions  of  this  ordinance,  signed  by  its 
President  or  General  Manager,  and  upon  the  performance 
by  the  said  Railway  Company -of  the  conditions  following: 

Section  5.  For  the  purpose  of  public  travel  both  by 
teams  and  pedestrians,  the  said  Railway  Company  shall  con- 
struct a subway  under  and  across  its  tracks  in  Pike’s  Peak 
avenue  aforesaid,  fifty  (50)  feet  in  width  in  the  clear  in  the 
center  of  said  avenue,  consisting  of  a driveway  forty  (40) 
feet  in  width  with  a sidewalk  five  (5)  feet  in  width  on  each 
side  thereof,  the  entire  subway  to  have  a clear  head  room  of 
not  less  than  twelve  (12)  feet  with  a grade  in  the  approaches 
thereto  of  not  more  than  eight  (8)  feet  in  the  hundred;  the 
sides  of  the  approaches  to  have  concrete  retaining  walls  with 


RAILROADS 


123 


coping  and  to  be  protected  with  iron  railings,  according  to 
the  plan  of  the  subway  submitted  by  the  said  Railway  Com- 
pany and  filed  with  the  City  Clerk,  and  approved  by  the  City 
Engineer. 

Section  6.  The  City  shall  deliver  to  the  Railway  Com- 
pany, free  from  all  incumbrances  that  portion  of  Pike’s  Peak 
avenue  which  has  been  vacated,  and  that  portion  of  Pike’s 
Peak  avenue  upon  which  it  will  be  necessary  to  construct  the 
approaches  to  the  subway,  so  that  work  on  the  subway  may 
be  commenced  immediately.  The  Railway  Company  shall 
build  and  construct  the  said  subway  at  its  own  cost,  and 
complete  the  subway  in  a manner  fit  and  servicable  for 
public  travel  within  nine  (9)  months  from  the  date  of  the 
delivery  of  the  surface  vacated  by  the  City  to  the  Railway 
Company. 

Section  7.  The  said  Railway  Company  shall,  at  its  sole 
cost,  also  remove  the  present  bridge  across  Shook’s  Run  on 
Huerfano  street,  and  shall  also  at  its  sole  cost,  grade  and  con- 
struct El  Paso  street  in  a fit  and  serviceable  manner  for  pub- 
lic travel  from  the  north  line  of  Huerfano  street  to  the  south 
line  of  Kiowa  street,  constructing  a twenty  (20)  foot  concrete 
arch  over  Shook’s  Run  where  it  crosses  El  Paso  street  be- 
tween Pike’s  Peak  avenue  and  Huerfano  street,  and  shall  also 
at  its  sole  cost,  construct  a thirty  (30)  foot  concrete  arch  over 
Shook’s  run  where  it  crosses  El  Paso  street  between  Pike’s 
Peak  avenue  and  Kiowa  street;  all  according  to  the  plans 
for  such  improvements  to  El  Paso  street  submitted  by  the  said 
Railway  Company  and  filed  with  the  City  Clerk  and  approved 
by  the  City  Engineer. 

Passed  April  5,  1909. 


124 


RAILROADS. 


AN  ORDINANCE 

Granting  Privileges  and  Right-of-Way  Over  and  Across 
Certain  Streets,  Avenues  and  Alleys  in  the  City  of  Colo- 
rado Springs,  to  the  Colorado  Springs  and  Cripple  Creek 
District  Railmay  Company. 

Be  It  Ordained  bv  the  City  Council  of  the  City  of 
Colorado  Springs: 

Section  i.  That  The  Colorado  Springs  and  Cripple 
Creek  District  Railway  Company,  its  successors  and  as- 
signs, be  and  they  are  hereby  granted  the  right,  privilege 
and  license  to  locate,  construct  and  operate  by  steam  or 
other  motive  power,  and  to  maintain  a single  or  double 
track  of  railway  with  all  side  tracks,  turnouts,  switches, 
depots,  shops,  yards,  telegraph  and  telephone  lines,  and 
other  appliances  useful  or  necessary  in  the  carrying  on  of 
its  business  within  the  City  of  Colorado  Springs. 

That  said  railway  company,  its  successors  and  assigns 
are  hereby  authorized  to  enter  the  city  at  a point  on  the 
western  boundary  of  the  city  at  or  about  one  hundred  sixty- 
eight  (i68)  feet  south  of  the  north  quarter  corner  of  Sec- 
tion twenty-four  (24),  Township  fourteen  (14)  south. 
Range  sixty-seven  (67)  west  of  the  Sixth  Principal  Merid- 
ian, in  El  Paso  County,  Colorado,  and  running  thence  in 
an  easterly  direction,  over  such  lands  as  may  be  acquired 
by  it,  a distance  of  about  seventeen  hundred  thirty-six 
(1,736)  feet  to  a point  in  the  south-east  quarter  (S.  E.  K) 
of  the  south-east  quarter  (S.  E.  yi)  of  Section  thirteen 
(13),  same  Township  and  Range  above  mentioned,  at  which 
point  the  line  of  said  railway  diverges,  one  branch  thereof 
extending  easterly  on  same  tangent,  thence  curving  to  left 
in  a northerly  direction  and  intersecting  the  center  line 
of  west  track  of  The  Denver  and  Rio  Grande  Railway  at 


RAILROADS 


25 


a point  about  eight  (8)  feet  south  of  the  center  line  of 
The  Colorado  Midland  Railway;  also  beginning  at  the 
point  of  divergence  above  mentioned,  thence  curving  to 
right  for  a distance  of  about  four  hundred  forty-six  (446) 
feet;  thence  on  tangent  in  a south-easterly  direction  a dis- 
tance of  about  six  hundred  sixty-six  (666)  feet;  thence 
curving  to  left  a distance  of  about  two  hundred  twenty 
(220)  feet;  thence  in  a south-easterly  direction,  on  tangent 
and  a curve  to  right  under  and  across  the  Denver  and  Rio 
Grande  Railway  right-of-way  and  across  alley  in  Block 
numbered  310  of  The  Colorado  Springs  Company’s  Addi- 
tion No.  3 to  the  City  of  Colorado  Springs,  should  said 
alley  be  produced,  to  a point  on  the  west  line  of  said  Block 
310;  thence  on  same  curve  to  right  and  tangent  thereto, 
in  a south-easterly  direction  to  a point  on  the  north  line 
of  Fountain  street  about  one  hundred  fifteen  (115)  feet 
west  of  the  south-east  corner  of  said  Block  310;  thence  on 
same  tangent  across  Fountain  street  to  a point  on  the  north 
line  of  Block  numbered  320  of  The  Colorado  Springs  Com- 
pany’s Addition  No.  3 to  the  City  of  Colorado  Springs 
about  sixty-six  (66)  feet  west  of  the  northeast  corner 
thereof ; thence  on  same  tangent  produced  and  a curve  to 
the  left,  in  a south-easterly  direction  to  a point  on  the  east 
line  of  said  Block  320  about  one  hundred  thirteen  (113) 
feet  south  of  the  north-east  corner  thereof ; thence  in  a 
south-easterly  and  easterly  direction  on  a series  of  com- 
pound curves  to  the  left  across  Sierra  Madre  street,  Sah- 
watch  street.  Blocks  numbered  321  and  322  of  The  Colo- 
rado Springs  Company’s  Addition  No.  3 to  the  City  of 
Colorado  Springs,  and  across  the  alleys  in  said  blocks,  to 
a point  on  west  line  of  Cascade  avenue  about  three  hundred 
eighteen  (318)  feet  south  of  the  north-east  corner  of  said 
block  322 ; thence  on  a curve  to  left,  and  tangent  thereto, 
in  an  easterly  direction,  across  Cascade  avenue  to  a point 


126 


RAILROADS. 


I 


on  the  east  line  thereof  about  two  hundred  seventy-six  (276) 
feet  south  of  the  northwest  corner  of  Block  numbered  323 
of  The  Colorado  Springs  Company’s  Addition  No.  3 to  the 
City  of  Colorado  Springs : Thenec  on  same  tangent  pro- 
duced, and  a curve  to  the  right,  in  an  easterly  direction 
across  said  Block  323,  and  alley  in  said  Block  to  a point 
on  the  east  line  of  said  block  about  two  hundred  eight  (208) 
feet  south  of  the  north-east  corner  thereof ; thence  on  same 
curve  produced  in  an  easterly  direction  across  and  about 
twenty  (20)  feet  above  the  ofihcial  grade  of  Tejon  street 
to  a point  about  two  hundred  seventeen  (217)  feet  south  of 
the  north-west  corner  of  Block  numbered  324  of  The  Colo- 
rado Springs  Company’s  Addition  No.  3 to  the  City  of 
Colorado  Springs.  Thence  on  same  curve  produced,  and 
tangent  thereto,  in  an  easterly  direction  across  said  Block 
324  and  the  alley  in  said  block  to  a point  on  the  east  line 
thereof  about  three  hundred  thirty-seven  (337)  feet  south 
of  the  north-east  corner  of  said  block ; thence  on  same  tan- 
gent produced  and  a curve  to  the  left  across  and  about 
twenty-five  (25)  feet  above  the  official  grade  of  Nevada 
avenue  to  a point  on  the  east  line  of  said  avenue  abou't  three 
hundred  eighty-five  (385)  feet  south  of  the  south  line  of 
Fountain  street ; thence  on  same  curve  to  left  and  tangent 
thereto  in  an  easterly  direction  across  Stockbridge’s  and 
Stevenson’s  Addition  to  the  City  of  Colorado  Springs  to  a 
point  on  the  east  line  thereof  about  four  hundred  five  (405) 
feet  south  of  the  south  line  of  Fountain  street,  thence  on 
same  tangent  produced  and  a curve  to  the  left  in  an  easterly, 
north-easterly  and  northerly  direction  crossing  Fountain 
street  produced  and  intersecting  the  main  line  of  the  Denver 
and  Santa  Fe  (Atchison,  Topeka  and  Santa  Fe)  Railroad 
at  a point  about  ninety-five  (95)  feet  north  of  the  north 
line  of  Fountain  street  produced  and  about  forty-one  (41) 
feet  east  of  the  east  line  of  Walhsatch  avenue  produced. 


RAILROADS 


127 


Said  railway  is  authorized  to  cross  with  its  line  of  road 
aforesaid  the  following  named  streets  and  avenues,  to-wit : 
Fountain  street.  Sierra  Madre  street,  Sahwatch  street.  Cas- 
cade avenue,  Tejon  street  and  Nevada  avenue  in  The  Colo- 
rado Springs  Company's  Addition  No.  3 to  the  City  of 
Colorado  Springs,  also  Wahsatch  avenue  extended  and 
Fountain  street  extended  in  the  Colorado  Springs  Com- 
pany’s Addition  No.  2 to  the  City  of  Colorado  Springs,  and 
all  alleys  upon  its  said  line  of  road  as  aforesaid.  The  said 
Railway  Company  shall  not  occupy  to  exceed  fifty  feet  in 
width  at  any  street,  avenue  or  alley  crossing. 

Section  2.  The  said  Railway  Company  is  authorized 
to  make,  build  and  construct  any  and  all  cuts,  fills,  bridges, 
trestle  works,  culverts,  overhead  or  other  crossings  which 
may  be  necessary  or  convenient  along  or  upon  said  line  of 
road  above  described,  and  there  are  hereby  given  and 
granted  unto  the  said  The  Colorado  Springs  and  Cripple 
Creek  District  Railway  Company,  its  successors  or  assigns, 
the  right,  privilege,  license  and  authority  to  construct,  main- 
tain and  operate  its  or  their  railway,  track  or  tracks  and  tele- 
graph and  telephone  lines  with  all  necessary  or  useful 
switches,  turnouts,  switch  tracks  and  other  conveniences  and 
appliances  on,  over  and  across  the  property  acquired  by  it, 
as  aforesaid,  and  over,  along  and  across  the  streets,  alleys  or 
other  public  places  or  highways  upon  its  or  their  said  line 
of  railway. 

Section  3.  The  Railway  Company  shall  erect  at  its 
crossings  on  Tejon  street  and  Nevada  avenue  respectively, 
substantial  wooden  bridges  with  spans  not  less  than  thirty 
(30)  feet  in  length.  The  bents  of  piling  in  the  said  bridge 
on  Tejon  street  shall  be  so  placed  in  the  streets  as  to  conform 
to  the  piling  of  the  bridge  of  The  Denver  and  Rio  Grande 
Railroad  Company  immediately  adjacent  and  crossing  said 


128 


RAILROADS. 


street,  and  the  bents  of  piling  of  the  said  bridge  across 
Nevada  avenue  shall  be  placed  parallel  to  the  line  of  travel 
on  said  street,  and  conforming  as  near  as  possible  to  the 
piling  of  the  bridge  of  the  said  The  Denver  and  Rio  Grande 
Railroad  Company  across  said  street.  The  location  of  said 
piling  to  be  approved  by  the  city  engineer. 

The  said  bridges  shall  be  so  constructed  that  the  base 
of  the  rails  shall  be  not  les  than  twenty  (20)  feet  above 
the  established  grades  of  said  streets  at  the  place  of  crossing. 

Section  4.  The  rights,  privileges  and  licenses  hereby 
granted  shall  continue  during  the  existence  of  The  Colo- 
rado Springs  and  Cripple  Creek  District  Railway  Company 
under  its  present  charter  and  any  extension  thereof. 

Section  5.  The  said  Railway  Company,  its  successors 
or  assigns,  shall  have  the  right  to  exchange  business  with 
and  run  its  or  their  cars  on  the  tracks  of  all  other  railroads 
entering  the  City  of  Colorado  Springs,  and  to  allow  the 
companies  operating  such  other  railroads  to  run  upon  its 
tracks,  upon  such  terms  and  conditions  as  may  be  agreed 
upon  between  it  or  them  and  such  other  railroad  companies 
owning  or  controlling  such  railroads.  The  rights,  privi- 
leges and  licenses  hereby  granted  are  subject  to  all  ordi- 
nances and  police  regulations  of  the  City  of  Colorado 
Springs  now  in  force  or  that  may  hereafter  be  adopted, 
and  more  particularly  subject  to  the  following  terms  and 
conditions,  namely: 

1.  Where  said  Railway  Company  crosses  streets  at 
grade,  it  shall  keep  the  same  for  the  space  of  twenty-five 
(25)  feet  on  each  side  of  its  track  or  tracks  in  good  condi- 
tion. 

2.  Said  Railway  Company  shall  fence  any  such  por- 
tion of  its  tracks  as  it  may  be  hereafter  required  to  fence 


RAILROADS 


29 


by  resolution  of  the  City  Council  or  by  ordinance  duly 
adopted. 

3.  Said  Railway  Company  shall  construct  good  and 
sufficient  cattle  guards  on  both  sides  of  each  street  where 
its  said  tracks  shall  cross,  if  it  shall  be  hereafter  required 
so  to  do  by  resolution  of  the  City  Council  or  by  ordinance 
duly  passed. 

Section  6.  Said  Railway  Company  shall  construct  and 
maintain  in  good  repair,  culverts  or  drains  along  and  under 
its  said  tracks  when  necessary,  so  that  the  natural  drainage 
of  the  property  above  or  adjacent  thereto,  or  water  in 
existing  irrigating  ditches  shall  not  be  impeded  or  ob- 
structed. 

Section  7.  The  City  hereby  reserves  the  right  and  priv- 
ilege to  construct  any  sewer  or  irrigating  ditch  or  lay  any 
water  or  gas  pipes  in  the  road  bed  and  tracks  of  said  Rail- 
way Company,  provided  said  city  restore  such  road  be<l  or 
tracks  to  its  or  their  former  state  and  in  such  manner  that 
its  or  their  usefulness  shall  not  be  impeded. 

And  provided  further,  that  said  city  does  not  interfere 
with  the  operation  of  the  said  road  while  any  such  work 
of  constructing  said  sewer  or  ditches  or  laying  said  water 
or  gas  pipes  is  in  progress. 

Passed  18th  June,  1900. 


130 


UAl  INROADS. 


AN  ORDINANCE 

Granting  the  Right  to  Construct  Side  Tracks  in  Sahwatch 
Street  and  Across  Certain  Intersecting  Streets  and 
Alleys,  in  the  City  of  Colorado  Springs,  to  the  Colorado 
and  Southern  Railway  Company. 

Be  It  Ordained  by  the  City  Council  oe  the  City  oe 
Colorado  Springs: 

Section  i.  That  the  written  consent  of  the  owners  of 
the  land  representing  more  than  one-half  of  the  frontage  on 
that  portion  of  the  street  sought  to  be  used  for  railroad  pur- 
poses having  been  given,  the  Colorado  and  Southern  Railway 
Company,  its  successors  and  assigns,  is  hereby  authorized 
to  lay,  construct,  maintain  and  operate,  for  - railroad  pur- 
poses, in  vSahwatch  street,  in  the  City  of  Colorado  Springs, 
and  over  and  across  the  intersecting  alleys  and  streets 
between  the  termini  of  the  side  tracks  hereinafter  described, 
the  following  described  side  tracks : 

A side  track  in  Sahwatch  street  eight  (8)  feet  west  of 
and  parallel  to  the  east  -line  of  said  street,  between  the 
north  line  of  the  alley  in  Block  273  produced  westerly  and 
the  south  line  of  the  alley  in  Block  264  produced  westerly, 
also  a side  tack  in  Sahwatch  street  commencing  at  a point 
twenty-two  (22)  feet  west  of  the  east  line  of  said  street 
and  on  the  north  line  of  the  alley  in  Block  273  produced 
westerly,  thence  south  twenty-two  (22)  feet  west  of  and 
parallel  with  said  east  line  of  street  to  the  south  line  of 
Cimarron  street,  thence  along  a line  curving  to  the  right 
across  vSahwatch  street  to  a point  on  its  westi  line  a distance 
of  one  hundred  and  twenty-five  (125)  feet  north  of  the 
south-east  corner  of  Block  263 ; also  the  necessary  switches 
and  connecting  tracks  between  said  side  tracks. 


RAILROADS. 


131 

Skction  2.  Said  The  Colorado  and  Southern  Railway 
Company,  its  successors  and  assigns,  shall  during  the  contin- 
uance of  this  grant  grade  the  approaches  and  plank  or  pave 
the  crossings  and  such  other  portions  of  the  streets  as  are 
affected  by  the  use  thereof  by  said  Railway  Company,  in 
a complete  and  workmanlike  manner  under  the  direction 
and  to  the  approval  of  the  City  Engineer  of  the  City  of  Colo- 
rado Springs. 

Passed  July  ist,  1907. 


AN  ORDINANCE 

Granting  the  Right  to  Construct  a Spur  Track  Along 
th\e  Westerly  Side  of  South  S ahwatch  Street  and  Across 
West  Cucharras  Street,  in  the  City  of  Colorado  Springs, 
to  The  Colorado  and  Southern  Railway  Company. 

Be  It  Ordained  by  the  City  Council  oe  the  City  oe 
Colorado  Springs: 

Section  i.  The  written  consent  of  the  owners  of  the 
land  representing  more  than  one-half  of  the  frontage  of  that 
portion  of  the  streets  sought  to  be  used  for  railroad  purposes 
having  been  given.  The  Colorado  and  Southern  Railway 
Company,  its  successors  and  assigns,  is  hereby  authorized 
to  lay,  construct,  maintain  and  operate  for  railroad  purposes 
in  South  Sahwatch  street  and  over  and  across  West  Cuchar- 
ras street,  in  the  City  of  Colorado  Springs,  described  as  fol- 
lows : 

A spur  track  along  the  westerly  side  of  South  Sahwatch 
street  and  across  West  Cucharras  street  in  the  City  of  Colo- 
rado Springs,  El  Paso  County,  Colorado,  starting  from  a 
switch  about  thirty  (30)  feet  east  of  the  west  line  of  South 
Sahwatch  street,  in  the  present  Colorado  and  Southern  spur 


•3^ 


RAILROADS. 


track  now  ending'  on  Lot  31,  Block  275,  used  by  Armour  & 
Company,  said  proposed  spur  leaving  the  present  one  at  a 
point  near  the  north  side  of  the  alley  in  Block  272,  extend- 
ing thence  northerly  and  northwesterly  along  South  Sah- 
watch  street  and  across  West  Cucharras  street  to  a point 
near  the  southwest  corner  of  Lot  31,  Block  275. 

Section  2.  Said  The  Colorado  and  Southern  Railway 
Company,  its  successors  and  assigns,  shall  during  the  continu- 
ance of  this  grant,  grade  the  approaches  and  plank  or  pave 
the  crossings  and  such  other  portions  of  the  streets  as  are 
affected  by  the  use  thereof  by  said  Railway  Company,  in  a 
complete  and  workmanlike  manner  under  the  direction  and 
the  approval  of  the  City  Engineer  of  the  City  of  Colorado 
Springs. 

Passed  April"  5,  1909. 


AN  ORDINANCE 

Pro-i’idiug  for  the  Improvement  . of  thie  Crossing  of  the 
Atehison,  Topeka  and  Santa  Fe  Raihmy  Over  Kiozua 
Street. 

Be  It  Ordained  p.y  the  City  Council  oe  the  City  oe 
Colorado  Springs; 

Section  i.  For  the  purpose  of  permanently  improving 
the  point  of  crossing  of  the  present  track,  as  well  as  any  addi-^ 
tional  track  or  tracks  of  the  Atchison,  Topeka  and  Santa  Fe 
F^ailway  Com])any  over  Kiowa  street,  leave  and  authority  is 
hereby  granted  to  the  said  Railway  Company  to  carry  its 
said  tracks  across  said  street  by  means  of  a steel  viaduct, 
the  same  to  have  a center  span  of  fifty- four  (54)  feet  in  the 
clear,  with  two  spans,  one  on  each  side  of  the  center  span, 


WATKR  RKUl'I'S  ()!'  WAY. 


•33 


and  each  twenty-one  (21)  feet  in  the  clear;  the  remaining 
two  (2)  feet  of  the  legal  width  of  the  said  street  on  each 
side  thereof  to  be  occupied  by  the  steel  supports  of  the  said 
structure. 

SECTION  2.  For  present  purposes,  a clearance  of  thirteen 
(13)  feet  and  six  (6)  mches  above  the  present  grade  of  the 
said  street  shall  be  provided;  but  the  posts  shall  be  of  suffi- 
cient length  to  allow  a clearance  of  an  additional  foot,  pro- 
vided the  City  shall  in  the  future  lower  the  said  grade  to  that 
extent. 

Passed  January  3,  1905. 


JUDGMENT, 


0 ■ 


I 


Bstablisliing  the  Rights  of  Colorado  City  to  7'ake  Water 
From  the  Water  Works  of  Colorado  Springs. 

State  of  Colorado,  County  of  El  Paso,  ss.  In  the  District 
Court. 

No.  7157. 

The  City  of  Colorado  City,  plaintiff,  'vs.  The  City  of  Colo- 
rado  Springs,  defendant. 

DECREE. 

Xow  on  this  22d  day  of  April,  1903,  this  cause  came  on 
to  be  heard,  the  plaintiff  appearing  by  John  McCoach,  John 
R.  W att,  ( ).  F.  Ingraham  and  Harvey  Riddell,  its  attorneys, 
and  the  defendant  appearing  by  J.  W.  Sheafor  and  Eouis 
Dolman,  its  attorneys,  and  is  submitted  to  the  court  for  trial 
a jury  herein  having  been  expressly  waived  by  the  parties 
hereto,  and  the  court  having  heard  the  evidence  and  the 
arguments  of  counsel,  and  being  sufficiently  advised  in  the 


'34 


WATlCR  RK'.HTS  or  wav. 


premi.ses,  doth  find  the  issues  herein  for  the  plaintiiY ; and 
doth  further  find : 

'I'hat  in  the  year  1878  it  was  agreed  between  the  then 
town  and  now  city  its  successor,  the  plaintiff  in  this  action, 
and  the  City  of  Colorado  Springs,  that  the  -plaintiff  should 
give,  grant  and  permit  to  the  defendant  the  right  and  privi- 
lege free  of  cost  to  the  defendant  to  lay  the  water  pipes  and 
mains  of  the  water  works  of  defendant,  in,  through  and 
along  such  streets,  alleys  and  public  places  of  the  plaintiff 
as  might  be  convenient  and  proper  in  conducting  water 
through  said  water  mains  and  pipes  from  the  source  of  supply 
of  said  water  through  said  water  to  the  said  defendant  city 
for  the  purpose  of  supplying  water  to  itself  for  fire  and  other 
municipal  purposes  and  for  the  use  of  the  citizens  and  inhab- 
itants of  said  defendant  city ; and  that  the  said  defendant 
should  have  the  right  and  privilege  of  entering  upon  and 
digging  in  such  streets  alleys  and  public  places  of  the  plain- 
tiff at  such  times  and  places  and  to  such  extent  as  might 
from  time  to  time  be  necessary  and  proper  for  the  purpose 
of  altering  changing  and  repairing  said  water  mains,  pipes 
and  other  appliances  within  said  streets,  alleys  and  public 
places,  or  to  lay  other  and  additional  mains  and  pipes 
through  such  streets,  alleys  and  public  places,  wherever  the 
same  might  become  necessary  for  the  purpose  aforesaid, 
free  of  expense  and  cost  to  the  defendant  for  the  use  of  said 
streets,  alleys  and  public  places  as  aforesaid ; and  that  in 
consideration  therefor,  the  said  defendant  would  permit  the 
plaintiff  to  take  water  from  said  mains,  pipes  and  appliances 
for  hydrant  or  fire  pur]30ses  free  of  cost,  and  that  the  said 
plaintiff  might  so  establish  hydrants  and  take  water  from 
said  mains  and  pi]3es  from  time  to  time  as  the  same  might 
he  reasonablv  necessarv  for  the  uses  of  said  citv  for  fire  and 


W ATER  RIGHTS  OF  WAV. 


135  - 


municipal  purposes,  and  that  the  said  defendant  w'ould  fur- 
nish and  supply  water  to  the  citizens  and  inhabitants  of  said 
plaintiff  for  domestic  uses  and  purposes  upon  the  same  terms 
and  for  the  same  price  as  water  was  furnished  for  the  same 
purpose  by  the  defendant  to  its  own  citizens  and  inhabitants ; 
but  that  all  hydrants  used  for  said  plaintiff  and  its  citizens 
and  inhabitants  for  supplying  water  for  fire  and  domestic  and 
other  purposes  aforesaid,  should  be  furnished,  supplied  and 
connected  by  the  plaintiff  at  its  own  cost  and  expense  or  at 
the  cost  and  expense  of  the  citizens  and  inhabitants  of  the 
plaintiff  as  the  case  might  be ; that  said  mains  and  pipes 
might  be  tapped  and  connections  made  therewith  as  afore- 
said by  the  plaintiff  and  the  citizens  and  inhabitants  of  the 
plaintiff  under  such  general  rules  and  regulations  as  might 
from  time  to  time  be  made  by  the  defendant  regulating  that 
matter  as  to  tapping  said  mains  and  pipes  for  its  own  pur- 
poses or  for  the  use  of  its  citizens  and  inhabitants.  That  de- 
fendant laid  its  w^ater  mains  and  pipes  through  the  streets  and 
alleys  of  the  plaintiff  for  such  thereof  as  were  by  the  defend- 
ant considered  necessary  and  convenient;  that  in  1887  the 
said  contract  and  agreement  between  the  plaintiff  and  de- 
fendant was  renewed  and  confirmed  by  the  said  parties, 
plaintiff  and  defendant,  and  other  water  mains  and  pipes 
were  laid  in  said  streets  and  alleys  of  the  plaintiff,  or  such 
thereof  as  was  by  the  defendant  considered  necessary  and 
convenient,  upon  the  same  terms  and  for  the  same  considera- 
tion as  w^ater  mains  and  pipes  were  originally  laid  therein 
as  aforesaid.  That  at  all  times  plaintiff  has  fully  performed 
the  covenants,  agreements  and  arrangements  so  made  by  it 
as  aforesaid  wdth  the  defendant;  that  the  defendant  has  ever 
since  1878  occupied  said  street,  alleys  and  public  places  as 
aforesaid,  under  the  terms  of  said  agreement  or  arrangement 
and  upon  the  consideration  aforesaid,  and  upon  no  other 


W ATl<;R  in(',n'rs  OK  WAV. 


consideration  whatsoever,  and  that  its  ri^lit  and  title  to 
(jccnp}-  said  streets,  alleys  and  ])nblic  places  is  derived  from 
said  aL^reement  afcjresaid  and  no  other,  and  that  said  de- 
fendant claims  and  has  the  right  to  perpetually  occii]3y  said 
streets,  alleys  and  public  places  of  the  plaintiff,  and  the  right 
to  excavate  and  dig  therein  for  the  purpose  of  making  re- 
pairs upon  its  said  water  mains  and  pipes  or  to  lay  new  water 
mains  and  pipes  under  and  by  virtue  of  the  terms'  of  said 
agreement;  that  defendant  is  estopped  by  the  occupancy  of 
said  streets,  alleys  and  public  places  with  its  water  mains  and 
])ipes  in  the  manner  aforesaid,  to  dispute  or  raise  any  ques- 
tion about  the  validity  and  binding  force  of  the  said  contract 
and  arrangement  aforesaid ; that  the  defendant  is  bound  to 
furnish  to  the  plaintiff  water  for  fire  purposes  and  to  permit 
the  plaintiff  to  tap  its  water  mains  and  pipes,  and  to  estab- 
lish hydrants  from  time  to  time  as  the  same  may  be  rea- 
sonably necessary  or  convenient  for  the  use  of  the  plaintiff 
for  fire  and  municipal  purposes;  and  that  the  defendant  is 
bound  to  furnish  water  to  the  citizens  and  inhabitants  of  the 
plaintiff  for  domestic  and  other  purposes  as  aforesaid,  upon 
the  same  terms  and  at  the  same  price  and  subject  to  the  same 
regulations  and  no  other  as  the  said  defendant  city  has  or 
may  from  time  to  time  establish  for  itself  or  for  the  citizens 
and  inhabitants  of  the  defendant  for  like  purposes.  That 
the  ordinance  of  the  defendant  passed  on  or  about  the  23rd 
day  of  A lay,  1902,  and  particularly  the  37th  section  thereof, 
so  far  as  said  ordinance  and  said  section,  or  any  ordinance, 
may  provide  that  the  citizens  and  residents  of  the  plaintiff 
should  pay  for  water  for  domestic  uses  and  purposes  a 
greater  rate  or  under  different  regulations  than  is  provided 
as  to  the  citizens  and  residents  of  the  defendant,  is  in  viola- 
tion of  said  contract  and  is  null  and  void ; and  that  said  ordi- 
nance or  any  ordinance  providing  that  the  plaintiff  shall 


WATER  R I (HITS  OF  WAV. 


137 


pay  or  be  charged  any  sum  wliatever  for  water  from  said 
mains  and  pipes  for  fire  and  municipal  purposes  is  null  and 
void.  To  tfie  foregoing  findings  and  each  of  them,  the 
defendant  excepts. 

Tt  Its,  Therefore,  Considered,  (Ordered  and  Decreed,  by 
the  Court : 

That  the  defendant  and  all  of  its  agents, 'officers,  serv- 
ants and  employes  be  perpetually  enjoined  from  interfering 
with  the  plaintiff  or  any  of  its  officers,  servants  and  em- 
ployes, in  taking  water  from  and  in  using  water  from  the 
water  mains,  pipes  and  appliances  of  the  defendant  for  fire 
and  municipal  purposes,  or  from  time  to  time  establishing 
hydrants,  fire  plugs  or  other  appliances  necessary  or  proper 
to  that  end,  or  from  making  connections  with  the  said  water 
mains  and  pipes  of  the  defendant ; and  that  the  defendant 
and  all  of  its  officers,  agents,  servants  and  employes,  be 
restrained  from  interfering  with  the  citizens  and  inhabitants 
of  the  plaintiff,  or  any  of  them,  in  taking  and  using  water 
from  said  water  mains  and  pipes  of  the  defendant  for  domes- 
tic uses ; and  that  the  said  defendant  and  all  of  its  officers, 
agents,  servants  and  employes  be  restrained  from  interfering 
with  the  plaintiff,  or  any  citizens  and  inhabitants  thereof, 
in  tapping  any  water  mains  and  pipes  for  the  purpose  of 
taking  water  for  said  purpose ; and  that  the  defendant  and 
all  of  its  officers,  agents,  servants  and  employes  be  perpet- 
ually enjoined  from  demanding  or  receiving  from  the  citi- 
zens and  inhabitants  of  the  plaintiff,  or  any  of  them,  for 
water  so  taken  by  or  for  the  use  of  them  for  domestic  pur- 
poses, any  sum  in  excess  of  that  demanded  and  charged  by 
the  defendant  from  its  own  citizens  and  inhabitants  for  like 
uses  for  said  water.  Nothing  herein  contained  shall  prevent 
the  defendant  from  time  to  time  fixing  and  establishing  gen- 
eral rules  and  regulations  as  to  the  tapping  of  its  water 


\\  ATe;R  RICJITS  OF  WAV. 


<38 

mains,  which  general  rules  and  regulations  shall  be  applica- 
ble as  well  to  the  plaintiflf  as  to  the  defendant ; nor  prevent 
the  defendant  from  time  to  time  establishing  such  water 
rates  uniform  as  between  the  citizens  and  inhabitants  of  the 
plaintiff  and  defendant  as  the  said  defendant  may  from ‘time 
to  time  consider  proper.  To  which  judgment  the  defendant 
excepts. 

It  Is  Further  Considered,  Ordered  and  Decreed : 

That  the  plaintiff  recover  of  the  defendant  its  costs  in 
this  behalf  incurred  to  be  taxed,  and  let  execution  issue 
therefor. 

Thereupon  the  defendant  prays  an  appeal  to  the  Su- 
preme Court  of  the  State  of  Colorado,  which  is  by  the  court 
granted,  and  defendant  is  allowed  sixty  (6o)  days  from  this 
date  in  which  to  prepare  and  tender  a bill  of  exceptions 
herein. 

By  the  Court, 

WILLIAM  P.  SEEDS,  Judge. 


AN  ORDINANCE 

Adopting  a Contract  With  the  Town  of  M'anitou ^ Respect- 
ing the  Taking  of  Water  From  Ruxton  Creek  and  the 
Granting  of  a Right  of  Way  Through  the  Town  of  Man- 
itou  for  the  Wafer  Pipes  of  the  City  of  Colorado 
Springs  and  Making  Compensation  Therefor,  and  for 
Other  Purposes. 

Bf  It  Ordainfd  p.y  the  City  Council  of  the  City  of 
Colorado  Springs: 

Section  i.  That  the  following  contracts  by  and  be- 
tween the  town  of  Manitou  and  the  City  of  Colorado  Springs 


WATER  RIGHTS  OE  WAY. 


139 


mw&'  i 

l)e  and.  the  same  is  lierel)y  adopted,  authorized,  made  and 
entered  into,  and  the  terms  thereof  shall  be  and  are  hereby 
made  binding  upon  the  City  of  Colorado  Springs  from  and 
after  the  passage  of  a like  ordinance  by  the  town  of  Manitou 
and  the  adoption  and  execution  of  said  contract  by  said  town 
of  Manitou  which  contract  is  as  follows : 

Articles  of  agreement  entered ' into  this  9th  day  of 
August,  A.  D.  1889,  by  and  between  the  City  of  Colorado 
Springs,  a municipal  corporation  of  the  State  of  Colorado, 
party  of  the  first  part,  and  the  town  of  Manitou,  also  a 
municipal  corporation  of  the  State  of  Colorado,  party  of  the 
second  part. 

The  parties  hereto,  each  in  consideration  of  the  cove- 
nants, promises  and  agreements  of  the  other  herein  con- 
tained, do  hereby  covenant,  contract,  promise  and  agree  with 
each  ther  as  follows : 

The  party  of  the  second  part  covenants,  contracts  and 
agrees  with  the  party  of  the  first  part  that  the  party  of  the 
first  part  shall  have,  and  is  hereby  granted,  a perpetual  right 
of  way  through  Manitou  and  Ruxton  avenues  from  the  east 
boundary  line  of  the  second  party  to  the  present  water  set- 
tler known  as  the  “new  settler”  of  the  party  of  the  first  part, 
on  Ruxton  creek  and  across  an  alley  upon  the  last  boundary 
line  of  block  T ; as  shown  by  the  amended  plat  of  the  Colo- 
rado Springs  Company,  and  maintain  in  sa,id  avenues  and 
across  said  alley  the  water  main  of  said  first  party  now  in 
said  avenues,  and  also  to  lay  and  maintain  a 16-inch  water 
main,  within  which  said  two  mains  to  conduct  the  waters 
running  down  Ruxton  creek  from  whatever  source  to  such 
parts  of  the  water  system  of  the  party  of  the  first  part, 
outside  of  the  corporate  limits  of  the  party  of  the  second 
part  as  it  shall  desire ; and  also  to  change  from  its  present 


140 


WATivK  RK'.IITS  OF  WAV. 


location  and  to  lay  within  the  said  avenues  alongside  of  the 
said  new  1 6-inch  water  main  that  part  of  the  lo-inch  water 
main  now  running  through  block  D of  the  party  of  the 
second  part.  l>ut  if  said  present  water  main  of  the  party  of 
the  first  part  runs  through  any  other  street  or  avenue  of  the 
second  party,  then  the  right  of  way  is  granted  along  such 
other  street  or  alley  to  maintain  said  water  main,  and  to  lay 
therein  the  said  new  1 6-inch  main,  in  such  parts  thereof  as 
shall  he  designated  by  the  civil  engineer  of  the  party  of  the 
second  part.  And  it  is  expressly  understood  and  agreed 
that  the  said  1 6-inch  water  main  and  the  lo-inch  water  main, 
when  removed,  shall  be  laid  along  and  in  such  parts  of  said 
avenues  as  shall  be  designated  by  the  civil  engineer  of  the 
party  of  the  second  part,  and  the  excavations  made  in  laying 
the  same  shall  be  made  and  protected  during  the  progress 
of  the  work,  and  shall  be  filled  in  after  said  pipes  are  laid, 
in  accordance  with  the  provisions  of  the  ordinances  of  the 
party  of  the  second  part  as  they  shall  exisxt  at  the  time  the 
said  work  is  done.  And  the  party  of  the  first  part  shall  have 
the  right  to  make  all  necessary  repairs  upon  either  of  said 
mains  and  to  change  any  part  of  the  same  whenever  neces- 
sary, by  reason  of  wear  or  otherwise,  and  to  make  all  nec- 
essary excavations  therefor — all  of  said  work  to  be  done 
in  accordance  with  the  provisions  of  the  ordinances  of  the 
party  of  the  second  part,  if  any  exist  at  the  time  of  doing 
the  same.  But  the  party  of  the  first  part  shall  not  have  the 
right  to  lay  any  additional  pipe  or  main  other  than  the  said 
present  main  and  the  proposed  1 6-inch  main,  nor  shall  it 
have,  under  the  right  to  change  and  repair  said  mains,  the 
right  to  lay  any  larger  pipe  or  main  than  the  sizes  hereinbe- 
fore mentioned. 

And  it  is  further  covenanted  and  agreed  that  all  work 
done  in  connection  with  the  laying  of  said  pipes,  excava- 


WATER  RKUITS  OE  WAY. 


141 


tions  for  the  same,  and  the  said  repairs  or  changes,  shall 
he  at  tlic  expense  of  the  party  of  the  first  part.  And  if  the 
party  of  the  second  part  shall  hereafter  change  the  grade 
of  either  of  said  avenues,  or  any  part  thereof,  or  of  said 
alley,  the  party  of  the  first  part  shall,  at  its  own  expense, 
sink  the  necessary  trenches  below  the  level  of  the  said  new 
grade,  and  relay  therein  its  said  mains,  and  that  it  shall 
do  the  same  in  accordance  with  the  provisions  of  the  ordi- 
nances of  the  party  of  the  second  part  then  existing.  And 
the  party  of  the  second  part  shall  not  be  held  responsible 
in  any  way  to  the  party  of  the  first  part  for  any  damages 
occasioned  by  such  changes  of  grade  or  the  work  done  in 
efifecting  the  same — so  long  as  the  same  is  carefully  and 
prudently  done. 

And  it  is  further  covenanted  and  agreed  that  in  laying 
the  said  16-inch  main,  or  in  removing  the  said  lo-inch' 
main,  as  herein  provided,  no  work,  shall  be  done  upon  or 
in  the  said  avenues  except  between  the  first  day  of  October, 
1889,  and  the  first  day  of  March,  1890,  and  if  said  pipes 
are  not  laid  in  said  period  then  the  laying  of  the  samepnay 
be  complpeted  between  the  first  day  of  October  and  the  last 
day  of  December  in  any  one  succeeding  year ; Provided, 
however,  that  if  the  party  of  the  first  part  shall  be  pre- 
vented by  injunction  or  any  other  legal  process  from  pros- 
ecuting the  said  work  within  the  periods  mentioned,  it 
may,  within  said  dates,  in  any  year  after  such  legal 
obstacles  are  removed,  complete  the  same;  but  whatever 
excavations  shall  be  made  during  the  said  periods  for  the 
laying  of  said  mains  shall  be  filled  in,  and  the  streets  made 
safe  and  put  in  as  good  condition  as  before  disturbed  within 
the  period  of  said  dates,  all  to  be  done  at  the  expense  of 
the  party  of  the  first  part. 

And  it  is  further  covenanted  and  agreed  that  in  laying 


142  WATER  RIGHTS  OR  WAY. 

said  i6-iiich  main  between  The  Denver  & Rio  Grande 
Railroad  depot  and  the  junction  of  Rnxton  with  Fountain 
creek  within  the  limits  of  the  party  of  the  second  part,  the 
party  of  the  first  part  will  not  excavate  in  length  more 
than  500  feet  at  any  one  time,  and  it  will  lay  its  said  main 
therein  and  fill  in  the  trench  and  make  good  the  avenue  for 
travel  before  excavating  further  than  the  said  last  mentioned 
limits. 

And  the  party  of  the  first  part  does  hereby  covenant 
and  agree  with  the  party  of  the  second  part  that  it  will  at 
once,  upon  the  execution  of  these  articles  and  the  passage 
of  the  ordinances  by  the  party  of  the  second  part  embody- 
ing the  terms  of  the  same,  pay  to  the  party  of  the  second 
part  the  sum  of  four  thousand  dollars  ($4,000)  in  cash. 
And  the  party  of  the  first  part  does  further  covenant  and 
agree  that  the  party  of  the  second  part  may  keep  and  main- 
tain and  use  the  fire  plugs  now  connected  with  the  water 
system  of  the  party  of  the  first  part,  and  have  all  the  water 
through  the  same  necessary  for  fire  purposes  only,  and 
that  »the  party  of  the  second  part  may,  at  its  own  expense, 
attach  to  the  water  system  of  the  party  of  the  first  part 
within  the  limits  of  the  town  of  Manitou,  one  or  more  ad- 
ditional fire  plugs,  but  not  to  exceed  three,  below  the  ter- 
minus of  the  water  system  of  the  party  of  the  second  part, 
and  to  use  from  the  same  the  water  of  the  party  of  the 
first  part  for  fire  purposes  free  of  cost  to  it ; Provided,  such 
water  shall  be  used  solely  for  fire  purposes. 

And  the  party  of  the  first  part  does  further  covenant  and 
agree  that  it  will  at  all  times  permit  of  the  water  that  flows 
in  Rnxton  creek,  from  whatever  source,  which  reaches  the 
bed  of  the  same,  and  that  reaches  the  dam  erected  by  the 
first  party  across  Rnxton  creek  above  the  Iron  Springs, 


WATER  RIGHTS  OF  WAY. 


143 


at  its  present  intake  of  water  from  said  creek,  the  one- 
sixth  thereof  to  how  over  the  said  dam  into  the  bed  of 
said  creek  l)elow  the  said  dam  for  use  by  the  party  of  the 
second  part ; and  that  it  will  not,  in  any  way  or  for  any 
purpose,  divert  any  of  the  water  above  the  said  dam  from 
the  natural  bed  of  said  stream  except  for  suppplying  the 
water  mains. 

And  if  the  said  first  party  should  hereafter  cause  or  pro- 
cure water  from  any  other  stream,  or  from  lakes,  or  from 
any  other  source  than  from  the  said  waters  of  the  Ruxton 
creek  to  fiow  in  the  channel  of  the  said  stream  to  increase 
the  water  supply  of  the  party  of  the  first  part,  then  it  shall 
be  optional  to  the  party  of  the  first  part  either  to  allow  the 
one-sixth  of  the  combined  waters  to  fiow  over  said  dam  for 
the  purposes  aforesaid,  or  to  insert  in  said  dam  at  the  same 
level  with  its  intake  pipe  a 3-inch  iron  pipe  to  lead  into  the 
bed  of  the  Ruxton  creek  below  the  said  dam,  and  to  permit 
an  uninterrupted  fiow  of  water  to  the  full  capacity  of  said 
pipe  from  said  dam  to  the  bed  of  said  creek  below  said 
dam,  and  in  the  event  the  party  of  the  first  part  shall  elect 
to  have  inserted  the  said  3-inch  pipe  for  the  purposes 
aforesaid,  then  the  party  of  the  second  part  shall  have  the 
rig'ht  to  keep  said  pipe  free  from  clog  or  impediment  of 
any  kind  to  the  end  that  the  fiow  of  water  through  the  same 
may  be  preserved  to  its  full  capacity. 

And  it  is  further  covenanted  and  agreed  that  the  party 
of  the  second  part  shall  without  unnecessary  delay,  take 
proper  legal  steps  to  appropriate  for  irrigation  and 
other  purposes  other  than  household  uses  from  the  waters 
of  said  Ruxton  creek  an  amount  of  water  as  near  as  may 
be  equal  to  the  said  one-sixth  of  the  water  that  daily, 
throughout  the  year,  fiows  down  the  same.  And  that  if 


144 


WATKK  RIGHTS  OF  WAY. 


the  party  of  the  second  part  shall  use  due  skill  and  dili- 
i^ence  in  making  such  a])propriation,  then  the  one-sixth  of 
said  water,  or  water  through  the  said  3-inch  pipe  herein- 
1)efore  provided  for,  shall  1)v  the  party  of  the  first  part 
l)e  permitted  to  tlow  across  the  said  dam  or  through  the 
said  pipe  for  the  purposes  aforesaid  ; but  if  the  party  of 
the  second  ]:>art  shall  be  guilty  of  negligence  in  the  making 
of  such  appropriation,  because  whereof  any  other  person, 
company  or  corporation  shall  obtain  a better  or  superior 
right  to  the  said  one-sixth  of  said  water,  or  any  part  thereof 
so  as  to  take  the  same  out  above  the  said  dam,  then  and 
in  that  event  the  party  of  the  first  part  shall  not  be  required 
to  permit  to  flow  over  said  dam  so  much  of  the  said  one- 
sixth  of  said  water  as  shall  equal  the  amount  lawfully 
diverted  from  said  stream  above  said  dam.  lUit  it  is  only 
in  the  event  of  the  failure  by  the  party  of  the  second  part 
to  use  due  skill  and  diligence  in  making  the  said  appropria- 
tion that  the  party  of  the  first  part  shall  be  excepted  from 
the  obligation  to  allow  the  said  full  one-sixth  of  said 
water  to  How  over  said  dam  or  through  said  pipe ; but  the 
party  of  the  first  part  shall  not  be  responsible  in  any  way 
to  the  party  of  the  second  part  for  the  water  passing  over 
said  dam  or  through  said  pipe  after  it  passed  over  or  through 
the  same  into  the  bed  of  said  Ruxton  creek  below'  the  said 
dam. 

And  it  is  further  expressly  covenanted  and  agreed  that 
in  the  event  disputes  arise  as  to  the  quantity  of  water 
coming  over  said  dam,  or  as  to  the  manner  in  which  the 
flow  or  the  quantity  of  the  same  shall  be  determined  and 
regulated,  then  and  in  such  event  the  dispute  shall  be  de- 
termined as  follows : As  often  as  any  such  dispute  arises, 

each  of  the  parties  hereto  shall  select  a non-])rofessional 
person  of  good  repute  to  act  as  arbitrator  on  its  behalf. 


WATKH  RIGHTS  Ui'  WAY.  I45 

and  in  case  these  two  shall  not  agree,  they  shall  select  as  a 
third  arbitrator,  some  disinterested  and  competent  civil 
engineer,  and  the  determination  of  any  two  of  these  arbi- 
trators made  in  writing  and  signed  by  them  shall  be  bind- 
ing upon  the  parties  hereto,  and  the  cost  of  such  arbitration 
shall  be  borne  equally  by  these  parties. 

And  if  the  water  coming  down  said  Ruxton  creek  shall, 
at  any  time,  not  be  sufficient  in  quantity  to  flow  over  said 
dam,  then  an  arrangement  shall  be  made  by  which,  at  such 
times,  the  quantity  of  water  the  party  of  the  second  part  is 
entitled  to  shall  flow  through  the  said  dam  or  reach  the 
bed  of  the  creek  below  the  dam  in  some  other  way ; and 
in  case  of  dispute  under  such  circumstances,  arbitrators 
shall  be  chosen  as  above  provided  to  settle  the  dispute,  and 
the  agreeemnt  of  any  two  of  said  arbitrators  in  writing 
shall  be  binding  upon  the  parties. 

It  is  further  covenanted  and  agreed  that  upon  the  exe- 
cution of  this  agreement,  and. the  passage  of  ordinances 
embodying  the  same,  as  herein  provided,  and  the  payment 
of  the  said  sum  of  four  thousand  dollars  ($4,000)  to  the 
party  of  the  second  part,  the  party  of  the  first  part  may  at 
once  excavate  across  the  said  alley  and  Manitou  avenue 
and  lay  therein  its  16-inch  main,  and  connect  with  its  present 
water  system. 

It  is  further  covenanted  and  agreed  that  as  soon  as  this 
contract  is  extended  by  the  parties  hereto,  and  ordinances 
adopted  by  the  party  of  the  first  part  and  the  party  of  the 
second  part  embodying  the  same,  the  suits  respectively 
commenced  by  the  parties  hereto  shall  be  dismissed,  each 
party  paying  its  own  costs  in  said  suits. 

And  it  is  further  covenanted  and  agreed  that  this  con- 
tract, when  executed  by  the  parties  hereto,  and  when  the  com- 


WATlvR  Kir.IlTS  OR  WAY. 


146 

mon  councils  of  said  parties  shall  adopt  ordinances  embody- 
ing’ the  same,  shall  revoke  all  former  contracts  and  agree- 
ments between  the  said  parties  relating  to  the  subject  of 
water  and  water  mains  and  pipes  through  the  streets  of  said 
town  of  Afanitou. 

I)i  ivitncss  whereof,  The  parties  hereto  have  caused 
their  corporate  seals  to  be  affixed,  and  these  presents  to  be 
signed  by  their  respective  mayors  and  city  clerks  the 
day  and  year  first  above  written. 

CITY  OF  COLORADO  SPRINGS, 

tSeal.)  By  J.  W.  Stillman,  Mayor. 

Attest : H.  C.  McCreery,  City  Clerk. 

TOWN  OF  MANITOL, 

(Seal.)  By  Isaac  Davis,  Mayor. 

Attest : H.  H.  Grafton,  City  Clerk. 

Section  2.  The  mayor  of  this  city  is  hereby  authorized 
and  directed  to  sign  said  contract  on  behalf  of  this  city,  and 
the  city  clerk  to  attest  the  same  and  to  affix  the  corporate 
seal  of  this  city  thereto. 

Passed  August  9,  1889. 


AN  ORDINANCE 

Adopting  a Contrael  With  the  Town  of  M'anitou,  Respecting 
a Right-of-Way  Through  the  Tozvn  of  Manitou  for  the 
n Piter  Pipes  of  the  City  of  Colorado  Springs  and  Mak- 
ing Compensation  Therefor,  and  for  Other  Purposes. 
Be  It  Ordained  by  the  City  Council  or  the  City  oi; 
Colorado  Springs: 

Section  i.  That  the  following  contract  by  and  between 
the  Town  of  Manitou  and  the  City  of  Colorado  Springs 


WATER  RIGHTS  OE  WAY. 


147 


be  and  the  same  is  hereby  adopted,  authorized,  made  and 
entered  into,  and  the  terms  thereof  shall  he  and  are  hereby 
made  binding  upon  the  City  of  Colorado  Springs  from  and 
after  the  lawful  passage  of  a like  ordinance  by  the  town  of 
Maniton,  viz: 

CONTRACT. 

These  Articles  of  Agreement,  made  and  entered  into 
in  duplicate,  this  10th  day  of  January,  A.  D.  1906,  by  and 
between  the  town  of  Alanitou,  a municipal  corporation  of 
the  State  of  Colorado,  party  of  the  first  part,  and  the  City  of 
Colorado  Springs,  also  a municipal  corporation  of  the  State 
of  Colorado,  party  of  the  second  part : 

Witnesseth,  That,  for  and  in  consideration  of  the  sum 
of  twenty  thousand  dollars  ($20,000)  to  be  paid  to  the  party 
of  the  first  part  by  the  party  of  the  second  part,  and  for  the 
further  consideration  of  the  covenants,  promises  and  agree- 
ments herein  contained,  said  parties  do  hereby  covenant, 
contract,  promise  and  agree  with  each  other  as  follows,  to- 
wit : 

First.  The  party  of  the  first  part  covenants,  con- 
tracts and  agrees  with  the  party  of  the  second  part  that  the 
party  of  the  second  part  shall  have,  and  is  hereby  granted,  a 
perpetual  right  of  way  through  Manitou  and  Ruxton  ave- 
nues, public  streets  within  the  corporate  limits  of  the  party 
of  the  first  part,  commenc,ng  at  the  eastern  boundary  of  the 
party  of  the  first  part  and  extending  west  in,  along  and 
through  said  avenues  to  the  Pike’s  Peak  Hydro-Electric 
Company’s  plant  situate  on  said  Ruxton  avenue  and  to  the 
settler  in  Manitou  owned  by  the  party  of  the  second  part, 
to  lay,  maintain  and  operate  in  said  avenues  a twenty-four- 
inch  pipe  line  or  water  main  in  addition  to  the  ten  and  six- 
teen-inch pipe  lines  or  water  mains  of  the  party  of  the 


148 


WATER  RIGHTS  OE  WAY. 


second  jiart  now  in  said  avenues,  for  the  purpose  of  con- 
ducting; water  to  such  parts  of  the  water  system  of  the  party 
of  the  second  part,  outside  of  the  corporate  limits  of  the 
party  of  the  first  part,  as  it  shall  desire. 

Second,  ft  is  mutually  covenanted  and  agreed  between 
the  jiarties  hereto  that  the  said  twenty-four-inch  pipe  line 
or  water  main,  when  laid,  shall  be  laid  in,  along  and  through 
such  parts  of  said  avenue  as  shall  be  designated  by  the  civil 
engineer  of  the  party  of  the  first  part,  and  the  excavations 
made  in  laying  the  same  shall  be  protected  during  the 
])rogress  of  the  work  and  shall  be  filled  in  after  said  pipe 
line  or  water  main  is  laid  in  accordance  with  the  provisions 
of  the  general  ordinances  of  the  party  of  the  first  part  reg- 
ulating street  excavations  as  they  shall  exist  at  the  time  when 
the  work  is  done. 

Third.  It  is  further  mutually  covenanted  and  .agreed 
between  the  parties  hereto  that  the  party  of  the  second  part 
shall  have  the  right,  at  any  time,  to  make  all  necessary 
repairs  upon  said  twenty- four-inch  pipe  line  or  water  main, 
and  it  may  change  any  part  of  the  same  whenever  necessary 
hy  reason  of  wear  or  otherwise,  and  make  all  necessary 
excavations  therefor,  in  accordance  with  the  provisions  of 
the  said  general  ordinances  of  the  party  of  the  first  part,  if 
any  exist  at  the  time  of  doing  the  same. 

Fourth.  It  is  further  mutually  covenanted  and  agreed 
between  the  parties  hereto  that  the  party  of  the  second  part, 
under  its  right  to  change  and  repair  said  twenty-four-inch 
pipe  line  or  water  main,  shall  not  have  the  right  to  lay  any 
larger  pipe  line  or  water  main  than  the  size  hereinbefore 
mentioned. 

Fifth.  It  is  further  mutually  covenanted  and  agreed 
between  the  ])arties  hereto  that  the  party  of  the  second  part 


.WATKR  R I (HITS  ()!•  WAY. 


149 


sliall  not  have  the  right  to  lay  any  other  or  additional  pipe 
line  or  water  main  in  the  streets,  avenues  and  alleys  of  the 
partv  of  the  first  part,  other  than  the  said  twenty-four-inch 
pipe  line  or  water  main,  except  as  hereinafter  provided. 

Sixth.  It  is  further  mutually  covenanted  and  agreed 
between  the  parties  hereto  that  all  work  done  in  connection 
with  laying  said  twenty-four-inch  pipe  line  or  water  main, 
the  excavations  for  the  same  and  the  saicf  repairs  or  changes 
shall  be  done  at  the  expense  of  the  party  of  the  second  part. 

Seventh.  It  is  further  mutually  covenanted  and  agreed 
between  the  parties  hereto  that  if  the  party  of  the  first  part 
shall  hereafter  change  the  grade  of  either  of  said  avenues, 
so  as  to  expose  said  pipe  line  or  water  main,  or  leave  said 
pipe  line  or  water  main  dangerously  near  to  the  surface,  the 
party  of  the  second  part  shall,  at  its  own  expense,  sink  the 
necessary  trenches  below  the  level  of  said  new  grade  and  relay 
therein  said  pipe  line  or  water  main  and  that  it  shall  do  the 
same  in  accordance  with  the  provisions  of  said  general  ordi- 
nances of  the  party  of  the  first  part  then  existing. 

Eighth.  It  is  further  mutually  covenanted  and  agreed 
between  the  parties  hereto  that  the  party  of  the  first  part 
shall  not  be  held  responsible  in  any  way  to  the  party  of  the 
second  part  for  any  damage  occasioned  by  such  changes  of 
grade  or  the  work  done  in  effecting  the  same,  so  long  as  the 
same  is  carefully  and  prudently  done. 

Ninth.  It  is  further  mutually  covenanted  and  agreed 
between  the  parties  hereto  that  in  laying  the  said  twenty- 
four-inch  pipe  line  or  water  main,  as  herein  provided,  no 
work  shall  be  done  upon  or  in  said  avenues,  except  as  fol- 
lows, to-wit : Said  party  of  the  second  part  shall  have  the 

right  to  begin  excavations  for  said  twenty- four-inch  pipe 
line  or  water  main  trench  forthwith,  and  may  continue  the 


WATER  RIGHTS  OE  WAY. 


150 

excavations  of  said  trench  and  the  laying  of  said  pipe  line  or 
water  main  at  any  time  before  May  ist,  1906,  and  from  the 
Denver  & Rio  Grande  depot  to  the  eastern  boundary  of  the 
party  of  the  first  part,  said  party  of  the  second  part  may 
have  additional  time  until  June  1st,  1906,  and  if  the  said 
pipe  line  or  water  main  is  not  laid  in  said  period,  then  said 
excavations  and  the  laying  of  said  pipe  line  or  water  main 
may  be  continued  and  completed  at  any  time  thereafter, 
except  between  the  first  days  of  April  and  October  of  any 
year,  but  whatever  excavations  shall  be  made  during  said 
periods  for  laying  said  pipe  line  or  water  main  shall  be  filled 
in  and  said  avenues  be  made  safe  and  put  in  as  good  condi- 
tion as  before  disturbed,  within  the  period  of  said  dates. ' All 
to  be  done  at  the  expense  of  the  party  of  the  second  part. 

Tenth.  It  is  further  mutually  covenanted  and  agreed 
between  the  parties  hereto  that  in  laying  the  said  twenty- 
four-inch 'pipe  line  or  water  main  in  said  avenues,  between 
the  west  side  of  The'  Denver  & Rio  Grande  depot  and  the 
Ifike’s  Peak  Hydro-Electric  Company's  plant  situate  ‘on 
Ruxton  avenue  within  the  corporate  limits  of  the  party  of 
the  first  part,  the  party  of  the  second  part  shall  not  leave 
excavations  open  at  any  one  time  more  than  one  thousand 
feet  in  length  and  shall  fill  in  the  trench  and  make  good 
said  avenues  for  travel,  and  during  the  period  of  one  year 
thereafter  shall  well  and  promptly  repair  any  settling  of  the 
earth  in  said  trench  resulting  in  any  depression  in  said  ave- 
nues. 

Eleventh.  It  is  further  mutually  covenanted  and  agreed 
between  the  parties  hereto  that  in  the  laying  of  said  twenty- 
four-inch  pipe  line  or  water  main  in  said  avenues  the  party 
of  the  second  part  will  not  unnecessarily  hinder  or  delay 
travel  at  any  street  crossing  or  crossings  intersecting  said 
avenues,  or  damage  any  sewer  pipes  or  water  mains  now  laid 


WATliR  RIGHTS  OF  WAV.  I5I 

ill  said  avenues  and  belonging  to  the  party  of  the  first  part. 

Twelfth.  It  is  further  mutually  covenanted  and  agreed 
between  the  parties  hereto  that  the  party  of  the  second  part 
will  lay  said  twenty-four-inch  pipe  line  or  water  main  at 
such  depth  that  the  upper  side  of  said  pipe  line  or  water 
main,  when  laid,  shall  not  be  less  than  four  and  one-half 
feet  below  the  surface  of  said  avenues  except  along  that 
portion  of  INIanitou  avenue  lying  between  its  intersections 
with  Osage  and  Ruxton  avenues,  where  the  depth  shall  be 
regulated  by  the  engineers  of  both  parties,  so  as  not  to  inter- 
fere with  the  flow  of  the  mineral  springs  of  The  Manitou 
Mineral  Water  Company. 

Thirteenth.  It  is  further  mutually,  covenanted  and 
agreed  between  the  parties  hereto  that  the  party  of  the 
second  part  will  furnish  to  the  party  of  the  first  part  a profile 
map  showing  the  exact  position  of  said  twenty- four-inch 
pipe  line  or  water  main,  and  the  substitute  pipe  line  or  water 
main  to  be  laid  in  said  avenues. 

Fourteenth.  It  is  further^ mutually  covenanted  and 
agreed  between  the  parties  hereto  that  the  party  of  the 
second  part  will  hold  the  party  of  the  first  part  free  from 
all  responsibility  or  damages  of  whatever  kind  and  nature 
that  may  be  incurred  by  laying  or  operating  said  pipe  line 
or  water  main  in  said  avenues  by  said  party  of  the  second 
part. 

Fifteenth.  It  is  further  mutually  covenanted  and  agreed 
between  the  parties  hereto  that  the  payment  of  said  agreed 
consideration  of  twenty  thousand  dollars  ($20,000)  shall 
be  made  by  the  party  of  the  second  part  to  the  party  of  the 
first  part  forthwith  upon  the  execution  of  these  articles  and 
the  due  passage,  approval  and  publication  of  ordinances  em- 
bodying the  same  by  the  parties  hereto,  respectively. 


W'ATKR  RIGHTS  OR  WAY. 


Sixteenth.  Lt  is  further  mutually  covenanted  and 
aj^reed  l:)etween  the  parties  hereto  that  as  soon  as  this  contract 
is  executed  l)v  the  parties  hereto  and  ordinances  duly  passed, 
a])proved  and  published  by  the  party  of  the  first  part  and  the 
party  of  the  second  part,  respectively,  embodying  the  same, 
the  suits  respectively  commenced  by  the  parties  hereto,  one 
of  which  is  now  pending  in  the  District  Court  of  El  Paso 
County,  State  of  Colorado,  and  the  other  now  pending  in  the 
Supreme  Court  of  Colorado,  shall  be  dismissed,  each  party 
paying  its  own  costs  in  said  suits. 

Seventeenth.  It  is  further  mutually  covenanted  and 
agreed  between  the  parties  hereto  that  the  party  of  the  sec- 
ond part  is  hereby  accorded  the  perpetual  right  to  lay,  con- 
struct, maintain,  repair  and  use  in,  along  and  through  said 
Manitou  and  Ruxton  avenues,  public  streets  within  the  cor- 
porate limits  of  the  party  of  the  first  part,  an  additional  pipe 
line  or  water  main  not  exceeding  twenty-four  inches  in  diam- 
eter in  lieu  of  either  its  ten-inch  or  its  sixteen-inch  pipe  line  or 
water  main,  and  as  a sbstitute  therefor.  The  said  substitute 
pipe  line  or  water  main  shall,  as  nearly  as  possible,  be  laid 
alongside  of  the  twenty- four-inch  pipe  line  or  water  main 
of  the  party  of  the  second  part,  and  all  excavations  and  work 
done  in  laying  said  substitute  pipe  line  or  water  main,  and 
the  operation  of  the  same,  shall  be  done  in  accordance  with 
the  terms  of  this  contract  as  provided  for  the  laying  and 
operation  of  said  twenty-four-inch  pipe  line  or  water  main. 

Eighteenth.  It  is  further  mutually  covenanted  and 
agreed  between  the  parties  hereto  that  in  the  event  that  the 
party  of  the  second  part  shall  substitute  said  additional  pipe 
line  or  water  main  for  either  its  ten-inch  or  sixteen-inch  pipe 
line  or  water  main  now  in  said  avenues,  said  party  of  the 
second  part  shall,  at  its  option,  remove  said  substituted  ten- 


WATER  RIGHTS  OE  WAY. 


153 


inch  or  sixteen-inch  pipe  line  or  water  main  from  said  ave- 
nues and  put  said  avenues  in  as  good  condition  for  travel 
as  before  the  same  were  disturbed,  or  shall,  by  proper  in- 
strument of  conveyance,  give  such  portions  of  said  substi- 
tuted ten-inch  or  sixteen-inch  pipe  line  or  water  main  as 
may  then  be  left  in  said  avenues  to  the  party  of  the  first  part. 

Nineteenth.  It  is  further  mutually  covenanted  and 
agreed  between  the  parties  hereto  that  in  the  event  that  the 
party  of  the  second  part  shall  substitute  said  additional  pipe 
line  or  water  main  for  either  its  ten-inch  or  sixteen-inch  pipe 
line  or  water  main,  said  party  of  the  second  part  shall  keep 
and  maintain  on  the  new  substitute  water  main  or  pipe  line, 
or  on  its  twenty-four-inch  pipe  line  or  water  main,  all  fire 
plugs  within  said  corporate  limits  now  connected  with  the 
water  system  of  the  party  of  the  second  part,  and  the  party 
of  the  first  part  shall  have  water  through  said  plugs  as  and 
when  necessary  for  fire  purposes  only.  The  party  of  the  first 
part  may,  at  its  own  expense,  but  under  the  direction  of  the 
water  superintendent  of  the  party  of  the  second  part,  attach 
to  the  water  system  of  the  party  of  the  second  part  within 
said  corporate  limits  of  the  party  of  the  first  part,  not  to 
exceed  three  additional  fire  plugs  and  use  from  said  plugs 
the  water  of  the  party  of  the  second  part,  as  and  when  nec- 
essary for  fire  purposes  only,  free  of  cost  to  it. 

Twentieth.  It  is  further  mutually  covenanted  and 
agreed  between  the  parties  hereto  that  the  entering  into 
and  the  execution  of  this  contract  by  the  said  parties  hereto 
shall  in  no  manner  change,  modify  or  nullify  any  of  the  pro- 
visions of  the  contract  entered  into  by  the  parties  hereto  on 
the  9th  day  of  August,  1889,  except  as  such  provisions  of 
said  contract  are  expressly,  or  by  necessary  implication, 
changed  or  modified  by  the  terms  of  this  contract. 

In  Witness  Whereof,  The  parties  hereto  have  caused 


i54 


\vatl:r  rights  of  way. 


their  corporate  names  to  be  hereunto  subscribed  by  their 
mayors  and  their  corporate  seals  to  be  affixed  hereto  by  their 
clerks,  respectively,  the  day  and  year  first  above  written. 

THE  TOWN  OF  MANITOU, 
Signed:  By  Edw.  E.  Nichols,  Jr.,  Mayor. 
Attest:  By  Mary  j.  Grant,  Clerk. 

(Seal.) 

THE  CITY  OF  COLORADO  SPRINGS, 

By  Henry  C.  Hall,  Mayor. 
Attest : By  K.  M.  MacMillan,  Clerk. 

■ (Seal.) 

Passed'  March  21,  1906. 

‘ " A.  M.  HOLDEN, 

President  of  the  City  Council. 
Attest : K.  M.  MacMillan,  City  Clerk. 

Approved  IMarch  21st,  1906. 

HENRY  C.  HALL,  Mayor. 


AN  ORDINANCE 

'I'o  Authori::e  the  Extension  and  Construction  of  the  Ruxton 
Creek  Pipe  Line  for  the  City  of  Colorado  Springs,  Colo- 
rado. 

Be  It  Ordained  by  the  City  Council  of  the  City  of 
Colorado  Springs: 

Section  i.  That  the  Ruxton  creek  pipe  line  of  the 
City  of  Colorado  Springs,  Colorado,  as  the  same  is  located 
by  a preliminary  survey  made  by  the  city  engineer  be  opened, 
extended,  built  and  constructed  as  follows : 


WATER  RIGHTS  OF  WAY.  1 55 

liei^inning  at  a point  situated  in  the  southwest  quarter 
(S.  W,  (jr.)  of  tlie  southwest  quarter  (S.  W.  qr.)  of  sec- 
tion eleven  (11)  tp.  14  S.  r.  68  W.  of  the  6th  P.  M.  which 
point  is  on  the  east  boundary  line  of  the  right  of  way  of  the 
Manitou  and  Pike’s  Peak  Railway,  twenty-five  feet  from 
and  at  right  angles  to  station  323-59  of  said  railway  survey 
as 'constructed,  which  point  is  also  16.5  feet  from  and  at 
right  angles  to  station  33-51  of  the  Colorado  Springs  Rux- 
ton  creek  pipe  line  and  running  thence  south  5 deg.  06  min. 
east  176  feet  to  a point  on  the  easterly  or  right  bank  of  East 
Ruxtbn  (sometimes  called  South  Ruxton)  creek;  thence 
in  a southerly  and  westerly  direction  along  the  easterly  or 
right  bank  of  said  creek;  and  following  the  meanderings 
thereof  as  nearly  as  practicable  a distance  of  about  800  feet 
to  a point  about  75  feet  south  of  the  south  line’  of  present 
constructed  corral;  also  a tract  of  land  75  feet  square  to 
be  used  in  connection  with  said  pipe  line  for  an  intake,  said 
land  being  located  at  the  point  last  mentioned  above. 


Also : Beginning  at  a point  situated  in  the  northeast 

quarter  of  the  southwest  quarter  of  section  eleven  (ii)  tp. 
14  S.  r.  69  W.  of  the  6th  P.  M.  which  point  is  on  the  north- 
westerly boundary  line  of  the  Manitou  and  Pike’s  Peak  Rail- 
way right  of  way,  at  right  angles  to  and  twenty-five  (25) 
feet  distant  from  station  334-64  of  said  railway  survey  as 
constructed  (which  point  is  also  to  right  angles  to  and  14.5 
feet  distant  from  station  44-74  of  the  Colorado  Springs 
Ruxton  creek  pipe  line  survey)  and  running  thence  in  a 
northerly  and  westerly  direction  along  the  north  or  left 
bank  of  a stream  tributary  to  Ruxton  creek,  following  the 
meanderings  of  said  stream  as  nearly  as  practicable  a dis- 
tance of  about  200  feet  to  the  point  of  termination ; also  a 
tract  of  land  75  feet  square  to  be  used  in  connection  with 


W ATKR  RIC,I1TS  OF  WAV. 


'5<^> 

said  pipe  line,  for  an  intake,  said  tract  being  located  at  the 
terminal  point  last  above  mentioned. 

Section  2.  In  case  the  City  of  Colorado  Springs  can- 
not agree  with  the  owners  of  the  land  and  real  estate  above 
mentioned  and  over  which  said  extension  of  said  pipe  line 
passes,  as  to  the  damage  and  cost  of  the  property  necessary 
to  be  taken  and  used  for  said  extension  and  construction 
then  it  shall  be  the  duty  of  the  city  attorney  of  Colorado 
Springs,  and  he  is  hereby  authorized  to  institute  and  prose- 
cute any  and  all  such  suits  and  proceedings  in  the  proper 
court  or  courts  necessary  for  the  purpose  of  condemning  the 
lands  and  real  estate  required  to  be  taken  and  used,  or  to  be 
taken  or  used  in  the  opening,  extending,  building  and  con- 
structing of  said  Ruxton  creek  pipe  line. 

Passed  September  23rd,  1895. 


AN  ORDINANCE 

To  Authorize  the  Construction,  Maintenance  and  Operation 
of  the  Manitou  High  Line  Reservoir  Pipe  Line  or 
Flume,  and  All  Legal  Proceedings  to  Secure  Right  of 
I Pay  Therefor  from  the  Manitou  Settler  Located  in  the 
Southeast  Quarter  of  the  Southwest  Quarter  of  Sec- 
tion Six  (6),  Tozvnship  Fourteen  (14)  South  of  Range 
Sixty-seven  (67)  West  of  the  6th  P.  M.  in  the  County 
of  Bl  Paso  and  State  of  Colorado,  Thence  Along  and 
Through  Certain  Streets  and  Avenues  of  the  Incorpo- 
rated Tozvn  of  Manitou  in  the  State  of  Colorado,  to 
the  Easterly  Boundary  of  Said  Tozm,  Thence  to  the 


WATER  RIGHTS  OF  WAY. 


157 


High  Line  Reservoir  Located  in  the  Northeast  Quar-' 
ter  of  the  Southwest  Quarter  of  Section  Thirty-five 
(35),  Tozmship  Thirteen  (13)  South,  Range  SLvty- 
seven  (67)  West  of  the  6th  P.  M.,  in  the  County  of  Bl 
Paso  and  State  of  Colorado,  and  thence  Easterly  to 
Connect  zvith  the  Present  Water-Works  System  of  the 
City  of  Colorado  Springs  at  Madison  and  Tejon  Streets 
in  said  City,  for  the  Purpose  of  Supplying  Water  to  the 
City  of  Colorado  Springs  and  the  Inhabitants  Thereof 
for  Domestic  and  Other  Uses. 

Be  It  Ordained  by  the  City  Council  of  the  City  of 
Colorado  Springs: 

Section  i.  That  the  safety,  convenience,  public  health 
and  general  welfare  of  the  City  of  Colorado  Springs  and  the 
uihabitants  thereof,  require  and  demand  that  the  capacity  of 
the  water-works  system  now  owned  and  operated  by  the  City 
of  Colorado  Springs,  and  the  water  supply  of  the  City  of 
Colorado  Springs,  be  greatly  increased,  and  that  the  pipe 
line  or  flume  hereinafter  in  this  ordinance  described  be 
forthwith  constructed  and  put  into  operation  for  the  pur- 
pose of  providing  the  City  of  Colorado  Springs  and  the  cit- 
izens and  inhabitants  thereof  wdth  a sufficient  amount  of 
water  to  supply  the  existing  an'd  increasing  demands  for 
water  for  fire,  irrigating,  domestic  and  other  purposes  in 
the  City  of  Colorado  Springs,  and  that  the  route  of  the  said 
pipe  line  or  flume  hereinafter  described  is  the  only  practica- 
ble, feasible  or  possible  route  by  which  water  can  be  con- 
ducted or  supplied  to  the  City  of  Colorado  Springs  and  the 
inhabitants  thereof. 

Section  2.  That  the  Manitou  High  Line  Reservoir 
Pipe  Line  or  Flume,  of  the  City  of  Colorado  Springs,  Colo- 
rado, as  located  by  the  survey  made  by  the  city  engineer  of 


1 5^  WATER  RIGHTS  OF  WAY. 

the  City  of  Colorado  Springs  and  shown  upon  the  maps  and 
profiles  on  file  in  the  office  of  the  city  clerk  of  the  City  of 
Colorado  Springs,  be  built  and  constructed  forthwith,  and 
thereafter  maintained  and  operated  as  a part  of  the  water- 
works system  of  the  City  of  Colorado  Springs,  to  supply 
water  to  the  City  of  Colorado  Springs  and  the  citizens  and 
inhabitants  thereof  for  fire,  irrigating,  domestic  and  other 
uses,  said  pipe  line  or  flume,  to  be  built  and  constructed 
commencing  at  the  Manitou  settler  being  a part  of  the 
water-works  system  of  the  City  of  Colorado  Springs  and 
located  in  the  Southeast  quarter  of  the  Southwest  quarter 
of  section  six  (6),  township  fourteen  (14)  south,  range 
sixty-seven  (67)  west  of  the  6th  P.  M.  in  the  county  of 
El  Paso  and  State  of  Colorado,  and  commencing  at  a point 
at  the  said  Manitou  settler  whence  the  quarter  corner  on 
the  south  boundary  line  of  said  section  six  (6),  township 
fourteen  (14)  south,  range  sixty-seven  (67)  west  of  the 
6th  P.  M.  bears  south  36  degrees  56  minutes  east  555.7  feet, 
thence  easterly  to  intersect  the  northwest  line  of  Fairview 
street,  a public  street  in  the  incorporated  town  of  Manitou 
in  the  said  County  of  El  Paso,  thence  in,  along  and  through 
said  Fairview  street  to  its  intersection  with  Ruxton  avenue, 
a public  street  in  the  said  Town  of  Manitou,  thence  in,  along 
and  through  said  Ruxton  avenue  to  its  intersection  with 
Manitou  avenue,  a public  street  in  the  said  Town  of  Man- 
itou, thence  in,  along  and  through  said  Manitou  avenue  'to 
the  north  and  south  center  line  of  section  four  (4),  town- 
ship fourteen  (14)  south,  range  sixty-seven  (67)  west  of 
the  6th  P.  M.  in  said  El  Paso  County,  the  same  being  the 
easterly  boundary  line  of  the  platted  portion  of  the  Town 
of  Manitou,  thence  in,  along  and  through  the  county  road, 
the  same  connecting  with  the  said  Manitou  avenue,  to  the 
east  line  of  section  four  (4),  township  fourteen  (14)  south, 
range  sixty-seven  (67)  west  of  the  6th  P.  M.,  which  line 


W'ATl'R  RIGHTS  OF  WAN'. 


159 


is  the  east  boundary  line  of  the  incorporated  town  of  Man- 
iton ; thence  continuing-  in,  along  and  through  said  county 
road  in  an  easterly  direction  to  Pearl  street  in  Arensdale,  in 
the  said  County  of  El  Paso,  thence  in,  along  and  through 
said  Pearl  street  to  its  northern  limits,  thence  in  a north- 
easterly direction  to  the  high  water  line  of  the  High  Line 
reservoir  located  in  the  northeast  quarter  of  the  southwest 
quarter  of  section  thirty-five  (35),  township  thirteen  (13) 
south,  range  sixty-seven  (67)  west  of  the  6th  P.  M.  in  the 
said  County  of  El  Paso,  thence  in  a general  easterly  direction 
from  said  High  Line  reservoir  to  connect  with  the  present 
water-works  system  of  the  City  of  Colorado  Springs. 

SECTION  3.  That  the  said  Manitou  High  Line  Reser- 
voir Pipe  Line  or  Plume,  when  bmlt  and  constructed,  be 
maintained  and  operated  as  a part  and  parcel  of  the  water- 
works system  of  the  City  of  Colorado  Springs  in  supplying 
water  to  the  City  of  Colorado  Springs  and  the  citizens  and 
inhabitants  thereof. 

Section  4.  That  the  city  attorney  of  the  City  of  Colo- 
rado Springs  be  and  he  is  hereby  authorized  and  directed  to 
institute  an^  prosecute  any  and  all  actions  and  proceedings, 
including  condemnation  proceedings  in  any  court  or  courts 
of  competent  jurisdiction,  which  may  be  necessary  or  requi- 
site to  secure  the  right  to  build,  construct,  maintain  and  oper- 
ate the  said  Manitou-High  Line  Reservoir  Pipe  Line  or 
Flume,  and  the  right  of  way  therefor,  along  the  route  and 
through  the  streets  and  avenues  described  and  specified  in 
section  2 of  this  ordinance,  and  also  to  institute  and  prose- 
cute any  and  all  actions  or  proceedings  which  may  be  neces- 
sary, requisite  or  incidental  to  carry  into  effect  the  provisions 
of  this  ordinance. 

Section  5.  That  this  ordinance  shall  take  effect  and  be 
in  force  from  and  after  its  passage  and  publication  as  re- 
quired by  law. 

Passed  July  5,  1904. 


i6o 


PARKS. 


AN  ORDINANCE 

Acccptin<^  Certain  Lands  Given  to  the  City  of  Colorado 
Spriiii^s  for  the  Purposes  of  Public  Parks,  Pleasure 
Grounds,  Boidevards,  Parkzvays,  Avenues,  Driveways 
and  Roods. 

Whereas,  General  William  J.  Palmer  has  presented 
deeds  conveying  to  the  City  of  Colorado  Springs,  Colorado, 
an  elaborate  system  of  parks,  boulevards  and  roadways, 
which  have  been  in  course  of  construction  by  him  for  the 
past  four  years,  and  has  agreed  to  contribute  largely  toward 
the  maintenance  of  this  system  for  future  years ; and 

Whereas,  These  splendid  gifts  will  contribute  to  the 
material  advancement  of  this  city  and  to  the  comfort  and 
pleasure  of  the  citizens  thereof  for  all  time : 

Pn  It  Ordained  by  the  City  Council  oe  the  City  of 
Colorado  Springs : 

Section  i.  That  the  lands  given  to  the  City  of  Colo- 
rado Springs  by  William  J.  Palmer,  for  the  purposes  of 
public  parks,  pleasure  grounds,  boulevards,  parkways,  ave- 
nues, driveways  and  roads,  as  set  out  and  described  in  the 
deed  dated  March  29th,  A.  D.  1907,  from  William  J.  Palmer 

to  the  City  of  Colorado  Springs ; and  that  the  lands  conveyed 
to  the  City  of  Colorado  Springs  for  the  same  purposes,  as 
set  out  and  described  in  the  deed  from  William  F.  Slocum, 
D.  B.  Fairley,  Philip  B.  Stewart,  J.  R.  Robinson,  D.  V. 
Donaldson,  Horace  G.  Lunt,  Louis  R.  Ehrich  and  Henry 
McAllister,  Jr.,  Trustees,  to  the  city  of  Colorado  Springs, 
dated  the  7th  day  of  March,  A.  D.  1907,  be  and  they  hereby 
are  accepted  by  the  City  of  Colorado  Springs  for  such  pur- 
poses. 

Passecl  June  17,  1907. 


PARKS. 


i6t 


\ 


AN  ORDINANCE 

Accef^tiii^^  Laud  Given  to  the  City  of  Colorado  Springs  for 
the  Purposes  of  a Public  Park. 

Whereas,  Henry  LeB.  Wills,  Henry  C.  Hall  and  David 
Donaldson,  as  Trustee  under  a certain  indenture  from 
Robert  F.  Perkins,  Alice  Perkins  Hooper,  Edith  Perkins 
Cunningham,  Margaret  Perkins  Rice,  Mary  Russell  Perkins 
and  Charles  E.  Perkins,  dated  the  i8th  day  of  November, 
1908,  have  tendered  a deed  conveying  to  the  City  of  Colorado 
Springs,  Colorado,  all  of  the  following  described  lots,  pieces 
or  parcels  of  land  situated,  lying  and  being  in  the  County  of 
El  Paso,  State  of  Colorado,  to-wit : The  west  one-half  (34) 
of  section  thirty-four  (34)  and  the  east  one-half  (34)  of  the 
east  one-half  (^)  of  section  thirty-three  (33)  all  in  town- 
ship thirteen  {13),  range  sixty-seven  (67)  west  of  the 
sixth  Principal  Aleridian,  upon  the  terms  and  conditions  in 
said  deed  and  hereinafter  set  forth ; and 

Whereas,  This  munificent  gift  perpetuates  the  policy 
and  fulfills  the  wish  of  the  late  Charles  E.  Perkins  that  the 
marvel  of  nature,  known  throughout  the  world  as  the 
“Garden  of  the  Gods,”  shall  for  all  time  be  open  to  the 
public  for  recreation  and  enjoyment  as  a free  public  park, 
and  its  acceptance  will  materially  contribute  to  the  benefit 
and  advantage  of  this  city  and  its  inhabitants ; 

Be  It  Ordained  by  the  City  Council  of  the  City  of 
Colorado  Springs: 

Section  i.  That  the  lands  given  to  the  City  of  Colo- 
rado Springs  by  Robert  F.  Perkins,  Alice  Perkins  Plooper, 
Edith  Perkins  Cunningham,  ]^Iargaret  Perkins  Rice,  ^[ary 
Russell  Perkins  and  Charles  E.  Perkins  for  the  purpose  of 
a public  park  as  set  out  in  the  deed  from  Henry  LeB.  \Vills, 
Henry  C.  Hall  and  David  Ak  Donaldson,  as  Trustees,  to 


11 


PARKS. 


i(r2 

the  City  of  Colorado  Sprino's,  dated  the  tenth  day  of  Decem- 
l)er,  HJ09,  he  and  the  same  hereby  are  accepted  by  the  City 
of  Colorado  Springs  for  such  purposes  upon  the  following 
obligatory  conditions,  to-wit : 

First.  Intoxicating  liquors  shall  never  be  manufactured, 
sold  or  otherwise  disposed  of  as  a beverage  upon  said  prem- 
ises or  any  part  therof,  or  upon  any  road  or  highway 
through  or  upon  the  same. 

Second.  The  said  Robert  F.  Perkins,  Alice  Perkins 
Hooper,  Edith  Perkins  Cunningham,  Margaret  Perkins 
Rice,  Mary  Russell  Perkins  and  Charles  E.  Perkins  shall 
have  the  right  to  erect  at  a place  which  they  may  select  a 
suitable  tablet  or  inscription  stating  in  substance  by  whom 
and  for  what  purpose  the  land  is  given,  which  tablet  or 
inscription  after  its  original  placing  by  said  Robert  F. 
Perkins,  Alice  Perkins  Hooper,  Edith  Perkins  Cunningham, 
Margaret  Perkins  Rice,  Mary  Russell  Perkins  and  Charles 
E.  Perkins  shall  be  preserved  and  maintained  by  the  City  of 
Colorado  Springs. 

Third.  Said  premises  shall  be  continuously  and  forever 
known  and  designated  as  the  ‘‘Garden  of  the  Gods,”  and 
shall  be  used  by  the  general  public  as  a public  park  forever, 
and  maintained  as  such  by  the  City  of  Colorado  Springs,  its 
successors  or  assigns,  for  the  benefit  and  advantage  of  the 
inhabitants  of  said  City  of  Colorado  Springs. 

Fourth.  No  building  or  structure  shall  be  erected  on 
said  premises  for  purposes  other  than  may  be  necessary 
to  properly  care  for,  protect  and  maintain  the  same  as  a 
public  park,  nor  upon  any  road  or  highway  through  or  upon 
the  same. 

Fifth.  In  case  any  of  the  limitations  or  conditions  here 
declared  obligatory  are  broken  by  the  City  of  Colorado 
Springs,  its  successors  or  assigns,  then  said  conveyance  from 
said  Henry  EeT>.  Wills,  Henry  C.  Hall  and  David  V.  Don- 


COUNTY  COURT  HOUSE. 


163 


aklson,  as  Trustees,  to  the  City  of  Colorado  Springs,  shall 
become  null  and  void,  and  all  the  right,  title  and  interest  in 
and  to  said  premises  thereby  conveyed  shall  at  once  revert 
to  Robert  F.  Perkins,  Alice  Perkins  Hooper,  Edith  Perkins 
Cunningham,  Margaret  Perkins  Rice,  Mary  Russell  Perkins 
and  Charles  E.  Perkins,  their  heirs  and  assigns. 

Sixth.  The  City  of  Colorado  Springs  shall  continuously 
and  forever  maintain  public  entrances  to  said  premises  at 
or  near  the  places  where  the  road,  known  as  the  County 
road,  now  crosses  the  south  and  east  boundaries,  respect- 
ively, of  said  premises,  as  also  a suitable  and  convenient 
roadway  through  said  premises  from  one  entrance  to  the 
other. 

Section  2.  This  ordinance  shall  be  in  force  from  and 
after  its  passage  and  publication  as  required  by  law. 

Passed  December  22,  1909. 


AN  ORDINANCE 

To  Provide  for  the  Relinquishing  of  All  Rights  in  and  to 
Block  One  Hundred  and  Tzvelve,  in  the  City  of  Colo- 
rado Springs,  County  of  Bl  Paso  and  State  of  Colorado, 
to  the  County  of  Bl  Paso,  Upon  Certain  Terms  and 
Conditions,  That  the  Same  May  Be  used  as  a Site  for 
a Court  House  for  the  Said  County. 

1)E  It  Ordained  by  the  City  Councie  oe  the  City  oe 
CoEORADo  Springs : 

Section  i.  Whereas,  The  Colorado  Springs  Company, 
a corporation,  filed  in  the  office  of  the  clerk  and  recorder  of 
El  Paso  County,  Colorado,  a plat  of  the  original  town  of 
Colorado  Springs,  and  reserved  blocks  sixty-two  (62)  and 
one  hundred  and  twelve  (112)  for  public  buildings,  com- 
pany buildings  and  parks ; and 

Whereas,  The  County  of  El  Paso,  in  the  State  of  Colo- 
rado, is  about  to  erect  a court  house  for  said  county; 


164 


COUNTY  COURT  HOUSE. 


Now,  Therefore,  The  City  of  Colorado  Springs  does 
hereby  relinquish  all  its  right  or  rights,  in  and  control  over 
said  block  numbered  one  hundred  and  twelve  (112)  in  favor 
of  the  said  County  of  El  Paso,  for  the  purpose  of  permitting 
the  said  County  of  El  Paso  to  erect  a court  house  upon  said 
block  of  ground  for  said  county;  the  city  reserving  the 
right  to  enter  in  and  upon  the  ground  for  maintaining  its 
sewer  and  water  systems ; and  the  expense  to  be  borne  by 
the  County  of  El  Paso  for  making  any  necessary  change 
upon  said  ground. 

Provided,  however,  that  only  so  much  of  said  block 
shall  be  used,  by  the  said  County  of  El  Paso,  as  may  be  nec- 
essary for  the  purpose  of  erecting  thereon  a court  house 
consisting  of  one  building,  and  for  necessary  paths  and  road- 
way for  ingress  to  said  court  house  and  egress  therefrom ; 
and  that  all  of  the  residue  and  remainder  of  the  said  block, 
numbered  one  hundred  and  twelve  (112),  not  so  used  as 
above  stated,  for  the  erection  thereon  of  said  court  house, 
shall  be  appropriately  kept,  properly  planted  and  maintained 
as  a public  park,  at  the  expense  of  the  said  County  of  El 
Paso,  and  the  same  shall  remain  a public  park  forever. 

Provided,  further,  that  if  the  said  block  of  ground,  or 
any  part  of  it,  shall  at  any  time  be  used  otherwise  tha*n  for 
the  purpose  of  building  and  maintaining  a court  house 
thereon,  unless  it  be  for  the  future  enlargement  of  said  court 
house,  then,  and  in  that  case,  all  the  rights  and  interests  of 
the  City  of  Colorado  Springs  in  and  to  said  block  of  ground 
hereby  granted  to  the  said  County  of  El  Paso,  shall  immedi- 
ately revert  to,  and  become  the  property,  rights  and  interest 
of  the  said  City  of  Colorado  Springs,  as  the  same  existed 
immediately  prior  to  the  passage  of  this  ordinance ; and. 

Provided,  further,  that,  if  the  said  County  of  El  Paso 


CITY  ADDITIONS. 


165 

shall  fail  or  neglect  to  maintain  said  grounds  in  a suitable 
condition  for  park  purposes,  as  hereinbefore  set  forth,  then, 
and  in  that  case,  the  said  county  shall  pay  to  the  said  City  of 
Colorado  Springs,  each  and  every  year  such  failure  or 
neglect  shall  continue,  the  sum  of  five  thousand  dollars 
($5,000.00),  which  said  sum  shall  be  used  and  applied  by 
the  said  City  of  Colorado  Springs  for  the  purpose  of  main- 
taining said  block  of  ground  for  park  purposes,  and  any 
surplus  remaining  of  the  said  five  thousand  dollars,  after 
making  necessary  expenditures  upon  said  block  of  ground, 
shall  be  applied  to  the  proper  fund  of  the  City  of  Colorado 
Springs  to  be  used  for  the  maintenance  of  the  parks  of  said 
city. 

Section  2.  The  mayor  of  the  City  of  Colorado  Springs 
is  hereby  appointed  as  a commissioner  to  carry  out  the  provi- 
sions of  this  ordinance,  and  to  execute  all  conveyances  nec- 
essary or  proper  in  carrying  out  the  provisions  of  this  ordi- 
nance. All  such  contracts,  agreements  and  conveyances 
shall  be  attested  by  the  city  clerk  of  the  City  of  Colorado 
Springs,  under  the  corporate  seal  of  said  city. 

Section  3.  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  publication,  as  is  pro- 
vided by  law  and  ordinance. 

Passed  April  3rd,  1899. 


CITY  ADDITIONS. 

Abstracts  of  Ordinances  for  Annexation  of  Territory  to  City. 

No.  618.  (LA  VERGNE.)  An  ordinance  annexing 
to  the  city  of  Colorado  Springs  the  southeast  quarter  of 


i66 


CITY  ADDITIONS. 


the  southeast  quarter  of  section  1 1 and  the  northeast  quarter 
of  the  northeast  quarter  of  section  14,  township  14  south, 
of  ranine  67  west,  known  and  described  as  La  Vergne,  in 
the  County  of  El  i’aso  and  State  of  Colorado.  Passed  Nov. 
3,  1902: 

Declares  the  above  described  lands  annexed  to  and 
made  a part  of  the  city. 

No.  620.  (HOBBS’  ADDITION.)  An  ordinance  an- 
nexing to  the  City  of  Colorado  Springs  that  certain  part  of 
the  northeast ' quarter  of  section  14  and  the  southeast 
quarter  of  section  12,  township  14  south,  of  range  67  west, 
known  and  designated  as  Hobbs’  Addition  in  the  County 
of  El  Paso  and  State  of  Colorado.  Passed  Feb.  16,  1903  : 

Declares  “That  the  premises  above  described,  to-wit, 
that  certain  part  of  the  northeast  quarter  of  section  14  and 
the  southeast  quarter  of  section  12,  township  14  south,  of 
range  67  west,  known  and  described  as  Hobbs’  Addition, 
in  the  County  of  El  Paso  and  State  of  Colorado,  adjoining 
to  said  City  of  Colorado  Springs,  be  and  they  are  hereby 
declared  annexed  and  they  are  hereby  annexed  to  the  City 
of  Colorado  Springs  and  are  hereby  made  a part  of  said 
city,  and  they  are  hereby  annexed  to  and  made  a part  of 
WHrd  No.  7 of  said  city.” 

No.  686.  ( PART  OF  SHELDON  ADDITION.)  An 
ordinance  annexing  to  the  City  of  Colorado  Springs  a tract 
of  land  lying  and  being  in  the  southeast  quarter  of  section 
II,  township  14  south,  of  range  67  west  of  the  6th  P.  M., 
described  as  follows,  to-wit : Blocks  A,  B and  C of  Sheldon 
Addition  as  the  same  appears  as  platted  according  to  the 
map  or  plat  accepted  by  the  city  council  of  the  City  of  Colo- 
rado Springs  at  an  adjourned  liieeting  held  on  the  3rd  dav 
of  January,  A.  D.  1905.  Said  plat  now  being-  on  file  in  the 


CITY  ADDITIONS. 


167 

office  of  the  county  clerk  and  recorder  of  El  Paso  County, 
Colorado,  excepting  and  reserving  from  said  described  tract 
a certain  portion  thereof.  Passed  Mar.  6,  1905 : 

Declares  Pdocks  A,  B and  C annexed  to  city,  ‘‘except- 
ing and  reserving  from  said  described  tract  all  that  portion 
described  as  follows” : Beginning  at  a point  at  the  inter- 

section of  the  east  line  of  Sheldon  avenue  and  the  north 
boundary  line  of  the  SW^;  SE^  of  section  ii,  T.  14  S.,  R. 
67  W.,  from  whence  the  N.  E.  corner  of  Colorado  avenue 
and  Sheldon  avenue  bears  south  37  degrees  25  minutes  W. 
20 . 7 feet ; thence  east  along  said  boundary  line  of  the 
SWEi  SEEt  section  ii  137.9  thence  north  o degrees 

10  minutes  east  208.93  feet  along  the  east  boundary  line  of 
the  NWEt  SEEt  of  section  ii  to  its  intersection  with  the 
east  boundary  line  of  Sheldon  avenue;  thence  south  37  de- 
grees 25  minutes  west  along  the  east  line  of  Sheldon  avenue 
to  the  place  of  beginning. 

No.  745.  (HASTINGS’  SIXTH  ADDITION.)  An 
ordinance  annexing  to  the  City  of  Colorado  Springs  a tract 
of  land  known  as  Hastings’  Sixth  Addition  as  platted  into 
blocks,  streets  and  alleys  and  recorded  in  book  K,  page  53 
records  of  the  county  clerk  and  recorder,  El  Paso  County, 
Colorado.  Passed  Jan.  6,  1908: 

Describes  the  tract  by  metes  and  bounds. 

No.  876.  (PROSPECT  LAKE  ACRES  ADDI- 
TION.) An  ordinance  annexing  Prospect  Take  Acres  Ad- 
dition to  the  City  of  Colorado  Springs.  Passed  Aug.  14, 
1912 ; 

Describes  the  tract  by  metes  and  bounds. 

HASTINGS  NINTH  ADDITION.  Accepted  by  the 
City  , of  Colorado  Springs  by  motion  of  council,  March  18, 
1910.  Record  12,  page  196. 


STREIvT  EXTENSIONS  AND  OPENINGS. 


168 

PROSI‘l-XT  LAKE  ADDITION.  Accepted  by  the 
City  of  Colorado  Springs  by  resolution  No.  578,  adopted 
IMar.  8,  1911.  Record  12,  page  455. 

LAKE  FRONT  ADDITION.  Accepted  by  the  City 
of  Colorado  Springs  by  resolution  No.  683,  adopted  June 
28,  1912.  Record  13,  page  326. 

THE  THEODORE  F.  THOMAS  ADDITION.  Ac^ 
cepted  by  the  City  of  Colorado  Springs  by  resolution  No. 
716,  adopted  November  27,  1912.  Record  13,  page  431. 


STREET  EXTENSIONS  AND  OPENINGS. 

Abstracts  of  Ordinances  Extending  and  Opening  Streets  and 

Avenues. 

No.  419.  (EAST  PIKE’S  PEAK  AVENUE.)  An 
ordinance  to  authorize  the  opening  of  West  Pike’s  Peak 
avenue  to  connect  with  Washington  avenue.  Passed  Aug. 

7. 1893: 

Opens  and  extends  W.  Pike’s  Peak  avenue  from  its 
then  western  terminus  across  a part  of  NWj^NEji  Sec. 
13,  T.  14  S.,  R.  67  W.,  “So  as  to  connect  said  West  Pike’s 
Peak  avenue  with  Washington  avenue  in  this  city,  so  that 
said  West  Pike’s  Peak  avenue  with  Washington  avenue 
shall  form  a continuous  street  and  thoroughfare.” 

No.  709.  (FONTANERO,  CARAMILLO  AND  SAN 
MIGUEL  STREETS.)  An  ordinance  extending  certain 
streets  over  and  across  the  right  of  way  of  the  Atchison, 
Topeka  and  Santa  Fe  Railway  Company.  Passed  May  14, 
1906: 


STRIiET  VACATIONS. 


169 

Opens  100  feet  wide  on  Fontanero  street,  50  feet  wide 
on  Caraniillo  street,  and  100  feet  wide  on  San  Miguel 
street,  across  the  A.,  T.  & S.  F.  right  of  way. 

No.  781.  (HUERFANO  AND  INSTITUTE 
STREETS.)  An  ordinance  to  provide  for  the  extending 
and  opening  of  Huerfano  street  from  Prospect  street  on 
the  west  to  Hancock  street  on  the  east,  and  Institute  street 
from  Pike’s  Peak  avenue  on  the  north  to  Cucharras  street 
on  the  south.  Passed  Oct.  27,  1909. 

No.  820.  (ESPANOLA  STREET.)  An  ordinance 
to  provide  for  the  extending  and  opening  of  Espanola  street 
from  the  east  line  of  Weber  street  to  the  west  line  of  Wah- 
satch  avenue.  Passed  Aug.  3,  1910. 

No.  867.  (CORONA  STREET.)  An  ordinance  ex- 
tending and  opening  Corona  street  from  San  Miguel  street 
to  Buena  Ventura  street.  Passed  June  26,  1912: 

Opens  Corona  street  a full  width  of  100  feet  from  the 
north  line  of  San  Miguel  street  to  the  south  line  of  Buena 
Ventura  street. 


STREET  VACATIONS. 

Abstracts  of  Ordinances  Vacating  Streets  and  Avenues. 

No.  241.  (WILLOW  PARK.  NOW  MONUMENT 
PARK.)  An  ordinance  vacating  portions  of  certain  streets 
between  the  bluffs  west  of  Cascade  avenue  and  the  Denver 
and  Rio  Grande  railroad.  Passed  July  12,  1886: 

\^acates  “all  of  Sierra  Madre  avenue  lying  between 
Monument  creek  at  the  intersection  of  the  southwest  corner 


lyo 


street  vacations. 


of  block  A I and  the  southeast  corner  of  block  O;  all  of 
Alamosa  avenue  lying  south  of  ATonument  creek  at  the  in- 
tersection of  the  northwest  corner  of  block  F ; all  of  Willow 
lane;  all  of  Houkler  Place  street  west  of  Alonument  creek, 
and  all  of  West  St.  Vrain  street  lying  west  of  Monument 
creek,”  for  purposes  of  a park. 

No.  280.  (MORENO  AVENUE.)  An  ordinance 
vacating  forty  feet  of  the  south  side  of  Moreno  avenue. 
Passed  Oct.  3,  1887: 

A'acates  ”a  strip  extending  from  the  south  side  line  of 
said  avenue  north  in  said  avenue  forty  feet  and  for  the 
entire  length  of  said  avenue  so  said  avenue  shall 

hereafter  he  and  remain  one  hundred  feet  in  width.” 

No.  281.  (ALLEYS  AND  STREETS  NAMED.) 
An  ordinance  to  vacate  portions  of  the  following  streets 
and  alleys  to  the  Denver  & Santa  Fe  Railway  Company. 
Passed  Oct.  17,  1887: 

VMcates  Rio  Grande  street,  between  east  line  of  Wah- 
satch  avenue  and  Shook’s  run. 

VAcates  Vermijo  street  (extended),  between  a point 
300  feet  east  of  the  east  line  of  Wahsatch  avenue  and  the 
east  line  of  block  No.  249,  Addition  No.  i. 

Wcates  Cucharras  street,  between  a point  150  feet  east 
of  the  east  line  of  Corona  street  and  Shook’s  run. 

Vacates  alley  in  block  No.  246,  Addition  No.  i,  from 
west  end  of  said  block,  easterly  350  feet. 

Vacates  alley  in  block  No.  245,  Addition  No.  i,  from 
a point  200  feet  east  of  the  west  line  of  the  block,  extended, 
easterly  350  feet. 

Vacates  Bijou  street,  between  west  line  of  El  Paso 
street  and  a point  80  feet  west  therefrom. 


street  \ acations. 


I7I 

No.  307.  (WEST  VERMIJO  AVENUE,  IN  PAR- 
RISH’S ADDITION.)  An  ordinance  to  vacate  portions 
of  certain  streets  and  alleys  in  Parrish’s  Addition  to  the  City 
of  Colorado  Springs.  Passed  May  20,  1889: 

A^acates  “all  that  portion  of  West  Vermijo  avenue,  com- 
mencing on  the  east  line  of  Chestnut  street  and  running  east 
two  hundred  feet,”  also  vacating  portions  of  alleys  in  blocks 
7 and  8. 

• No.  338.  (CASCADE  AVENUE  AND  PARK 
PLACE.)  An  ordinance  to  vacate  portions  of  Cascade  ave- 
nue and  North  and  South  Park  place  in  the  City  of  Colorado 
Springs  for  the  benefit  of  the  Colorado  Springs  Hotel  Com- 
pany. Passed  Mar.  10,  1890: 

Describes  vacated  tracts  by  metes  and  bounds. 

No.  485.  (SIERRA  MADRE  AND  BOULDER 

CRESCENT.)  An  ordinance  vacating  a portion  of  Sieerra 
Madre  street  and  Boulder  crescent  in  the  City  of  Colorado 
Springs,  Colorado.  Passed  Sept.  24,  1896: 

There  is  no  record  of  this  ordinance.  Its  title  and  a 
minute  of  its  passage  are  found  in  council  record  book  6, 
page  67.  The  original  draft  or  a copy  of  it  do  not  appear 
to  be  on  file. 

No.  488.  (SIERRA  MADRE  AND  BOULDER 

CRESCENT.)  An  ordinance  vacating  a portion  of  Sierra 
Madre  street  and  Boulder  crescent  in  the  city  of  Colorado 
Springs,  Colorado.  Passed  Feb.  i,  1897: 

Portion  vacated  is  described  by  metes  and  bounds. 

No.  537.  (SOUTH  PARK  PLACE  AND  SAH- 
WATCH.)  An  ordinance  vacating  certain  portions  of 
streets  in  the  City  of  Colorado  Springs.  Passed  Apr.  5, 
1899. 


172 


street  vacations. 


Vacates  South  Park  place,  extending  from  Cascade 
avenue  to  Sierra  Madre  street ; also  that  part  of  Sahwatch 
street  between  South  Park  place  on  the  north  and  the  first 
alley  on  the  south. 

No.  576.  (MESA  ROAD.)  An  ordinance  vacating 
part  of  a street.  Passed  Mar.  6,  1901 : 

V acates  that  part  of  Mesa  road  described  as  follows : 
beginning  at  a point  361.8  feet  south  and  33  feet  west  of  a 
stone  marking  the  center  of  the  SE^  NE^  section  12,  T. 
14  S.,  R.  67  W.,  thence  N.  88  degrees  49  minutes  W.  342.7 
feet  to  a point;  thence  N.  58  degrees  20  minutes  W.  6.2 
feet  to  a point;  thence  N.  86  degrees  40  minutes  E.  348.5 
feet  to  a point ; thence  S.  30.6  feet  to  the  place  of  beginning. 

No.  578.  (CORONA  STREET.)  An  ordinance 
vacating  certain  portions  of  Corona  street  between  the  south 
line  of  Platte  avenue  and  the  north  line  of  Bijou  street. 
Passed  Mar.  25,  1901 : 

Vacates  a portion  of  the  east  fifteen  feet  of  Corona 
street  between  Platte  avenue  and  Bijou  street. 

No.  580.  (PINE  street.)  An  ordinance  vacating 
portions  of  Pine  street  between  the  north  line  of  Bijou 
street  and  the  south  line  of  Sherman  street.  Passed  Apr.  i, 
1901 : 

Vacates  a strip  ten  feet  wide  on  each  side  of  Pine 
street  between  Bijou  and  Sherman  streets. 

No.  617.  (COLUMBIA  STREET.)  An  ordinance 
vacating  a portion  of  Columbia  street  between  Cascade  ave- 
nue and  Tejon  street  in  the  City  of  Colorado  Springs.  Passed 
Oct.  20,  1902: 

Portion  vacated  described  by  metes  and  bounds. 

No.  619.  (PINE  STREET.)  An  ordinance  vacating 


street  vacations. 


173 


certain  portions  of  Pine  street  between  Pike’s  Peak  avenue 
and  P)ijou  street  in  the  City  of  Colorado  Springs.  Passed 
Nov.  3,  1902: 

Reduces  the  width  of  Pine  street  to  eighty  feet,  from 
the  north  line  of  Pike’s  Peak  avenue  to  the  south  line  of 
Bijou  street. 

No.  638.  (STREET  IN  COLUMBIA  ADDITION.) 
An  ordinance  vacating  a strip  of  land  heretofore  conveyed 
for  the  purposes  of  a street  in  the  City  of  Colorado  Springs, 
Colorado,  but  never  used  as  such.  Passed  Apr.  6,  1903 : 

A strip  of  land  sixty  feet  wide,  vacated  and  surrendered 
to  the  Colorado  Springs  Company  as  original  grantor. 

No.  678.  (BRISTOL  HEIGHTS.)  An  ordinance 
vacating  all  streets  and  alleys  in  Bristol  Heights  Addition 
to  the  City  of  Colorado  Springs.  Passed  Oct.  3,  1904: 

Includes  the  territory  bounded  on  the  north  by  High 
street,  on  the  east  by  Hancock  street,  on  the  south  by  Pike’s 
Peak  avenue,  and  on  the  west  by  the  grounds  of  the  state 
Deaf  and  Blind  Institute. 

No.  679.  (WEST  DALE  STREET.)  An  ordinance 
to  vacate  a portion  of  West  Dale  street  in  the  City  of  Colo- 
rado Springs.  Passed  Oct.  17,  1904: 

Portion  vacated  to  be  a part  of  Monument  Valley  park. 

No.  696.  (WEST  DALE  STREET.)  An  ordinance 
to  vacate  a p6rtion  of  West  Dale  street  in  the  City  of  Colo- 
rado Springs.  Passed  Dec.  4,  1905  : 

Vacates  140  feet  of  the  west  end  of  Dale  street,  to  be 
included  in  IMonument  Valley  park.  ' 

No.  700.  (CACHE  LA  POUDRE  STREET.)  An 
ordinance  vacating  a certain  portion  of  Cache  la  Poudre 
street  in  the  City  of  Colorado  Springs.  Passed  Feb.  8,  1906: 


174 


stri:kt  vacations. 


Vacates  a portion  of  the  west  end  of  Cache  la  Poudre 
street. 

No.  705.  (CACHE  LA  POUDRE  STREET  AND 
MESA  ROAD.)  An  ordinance  to  vacate  that  portion  of 
Caclie  la  'Poudre  street  and  the  Alesa  road  as  platted  in  a 
re-subdivision  of  a part  of  Addition  No.  5 to  the  City  of 
Colorado  Springs.  Passed  Mar.  22,  1906: 

Vacating  and  changing  said  street  and  road  at  Monu- 
ment Valley  park. 

No.  734.  (BOULDER  CRESCENT.)  An  ordinance 
to  vacate  a portion  of  Boulder  crescent  in  the  City  of  Colo- 
rado Springs.  Passed  June  5,  1907. 

No.  755.  (WASHINGTON  STREET.)  An  ordi- 
nance to  vacate  that  portion  of  Washington  street  between 
blocks  G and  H in  the  Wood  Avenue  Addition  to  the  City 
of  Colorado  Springs  and  to  vacate  that  portion  of  the  alley 
lying  to  the  west  of  and  contiguous  to  block  G and  to  lot  4 
in  block  H in  said  Wood  Avenue  Addition.  Passed  June  15, 
1908. 

No.  766.  (DAY'S  ADDITION.)  An  ordinance  va- 
cating certain  streets  and  alleys  and  portions  of  certain 
streets  and  alleys  in  block  two  (2)  in  Day’s  Addition  to  the 
City  of  Colorado  Springs.  Passed  Mar.  i,  1909: 

Portions  vacated  described  by  metes  and  bounds. 

No.  769.  (PIKE’S  PEAK  AVENUE  AND  HUER- 
FANO STREET.)  An  ordinance  vacating  portions  of 
Pike’s  Peak  avenue  and  Huerfano  street  at  the  crossings  of 
the  A.,  T.  & S.  F.  railway  tracks.  Passed  Apr.  5,  1909: 

Portions  vacated  by  metes  and  bounds. 

No.  777.  (PLATTE  AVENUE.)  An  ordinance  to 
vacate  a strip  twenty  feet  in  width  on  each  side  of  Platte 


STREET  VACATIONS. 


175 


avenue  adjacent  to  and  abutting  on  l)locks  numbered  i,  ii, 
21,  3,  2,  12,  22  and  32  in  Parrish’s  Addition  to  the  City  of 
Colorado  Springs,  and  to  cede  all  the  right,  title  and  interest 
of  the  City  of  Colorado  Springs  in  and  to  said  vacated  strips 
to  the  respective  owners  of  the  lots  adjacent  to  and  abutting 
on  said  vacated  tract,  and  to  repeal  all  ordinances  in  conflict 
with  this  ordinance.  Passed  Oct.  15,  1909. 

No.  821.  (PIKE’S  PEAK  AVENUE.)  An  ordi- 
nance to  vacate  a strip  thirty  feet  in  width  on  each  side  of 
Pike’s  Peak  avenue  adjacent  to  and  abutting  on  blocks  num- 
bered 4,  14,  24,  5,  15,  25,  Parrish’s  Addition,  and  block  num- 
bered I,  Pine  Street  Subdivision  to  the  City  of  Colorado 
Springs,  and  to  cede  all  the  right,  title  and  interest  of  the 
City  of  Colorado  Springs  in  and  to  said  vacated  strips  to  the 
respective  owners  of  the  lots  adjacent  to  and  belonging  on 
said  vacant  tract,  and  to  repeal  all  ordinances  in  conflict  with 
this  ordinance.  Passed  Sept.  2,  1910. 

No.  833.  (JEFFERSON  STREET.)  An  ordinance 
to  vacate  that  portion  of  Jefferson  street  west  of  Wood  ave- 
nue and  east  of  Monument  AMlley  park.  Passed  Feb.  8, 
1911. 

No.  846.  (FOUNTAIN  PLACE.)  An  ordinance  va- 
cating Fountain  place  in  Cheyenne  Addition  to  the  City  of 
Colorado  Springs.  Passed  May  24,  1911: 

Vacates  that  portion  of  a street  called  Fountain  place 
lying  and  being  situate  between  blocks  twenty  and  twenty- 
one  in  Cheyenne  Addition. 

No.  866.  (LOGAN  AVENUE.)  An  ordinance  vacat- 
ing a part  of  Logan  avenue,-  and  the  alley  in  block  47  in  the 
East  End  Addition  to  the  City  of  Colorado  Springs,  and 
opening  Logan  avenue  through  block  48  in  said  addition. 
Passed  June  14,  1912. 


STRDIST  VACATIONS. 


176 


No.  872.  (SOUTH  CHESTNUT  AND  SOUTH 
WALNUT  STREETS.)  An  ordinance  vacating  certain 
parts  of  South  Chestnut  street  and  South  Walnut  street,  and 
establishing  the  curb  line  thereon.  Passed  July  24,  1912: 

\ acates  a strip  20  feet  wide  along  the  west  side  of 
Chestnut  street  from  the  south  line  of  West  Huerfano  street 
to  the  north  line  of  the  right  of  way  of  the  D.  & R.  G.  rail- 
way; also,  vacates  20  feet  in  width  on  each  side  of  Walnut 
street  from  the  south  line  of  West  Huerfano  street  to  the 
north  line  of  West  Costilla  street. 

No.  873.  (SAN  RAFAEL  STREET.)  An  ordinance 
to  vacate  a strip  fifteen  feet  in  width  on  each  side  of  San 
Rafael  street  adjacent  to  and  abutting  on  blocks  numbered 
2,  3,  5,  6,  Rock  Island  Addition  to  the  City  of  Colorado 
Springs.  Passed  July  31,  1912. 

No.  877.  (CblEYENNE  AVENUE.)  An  ordinance 
vacating  certain  portions  of  Cheyenne  avenue  in  block  53. 
Passed  Aug.  14,  1912: 

Vacates  45 . 65  feet  on  each  side  through  block. 

No.  905.  (CHEYENNE  AVENUE.)  An  ordinance 
to  vacate  that  portion  of  Cheyenne  avenue  between  Nevada 
avenue  and  Weber  street,  in  the  City  of  Colorado  Springs, 
El  Paso  County,  State  of  Colorado.  Passed  Apr.  15,  1913, 
by  vote  of  the  people : 

Vacates  “all  that  portion  of  Cheyenne  avenue  situate 
between  Nevada  avenue  and  Weber  street." 


INDEX. 


177 


INDEX  OF  ORDINANCES 


Unless  Otherwise  Notedy  Numerals  Refer  to 
Sections  in  Code. 


Abatement.  Of  water  lates..  Mayor  may  grant...  . 125 

Of  livery  stable,  etc.,  as  nuisance 758 

Of  nuisances,  by  health  officer... 974 

Expense  of.  Collection 974 

Duty  of  health  officer  in 1056 

>,  On  notice 1065 

Summary 1066 

Abuse.  Neglect,  of  children 544 

Accidents.  Police  officer  to  report.. 448 

Accounts  and  Records.  Supervision  of . . 156 

Examination  and  approval  of 156 

Action.  For  violation  of  civil  service  ordinance 22 

Actions.  In  police  court,  how  commenced 53 

Additions.  To  city,  plats  of,  submitted  to  planning 

commission 30 

Maps  and  plats  of . 848 

Taxes  on,  paid 848 

.Sale  of  lots  in,  permitted  when 849 

Survey  of S50 

Grades  established  in . S51 

Map  of,  how  drawn 852 

Profiles  of,  required 853 

Filing  of  maps  and  profiles  of 854 

Alteration  of  maps  and  profiles  of , 855 

Streets  in,  graded 856 

Ditchboxes  required  in 856 

Sewers  and  water  pipes  in,  when  to  be  laid 857 

Ordinances  annexing.  .See  appendix,  pp.  165-^68.  , ■ 

Adulteration.  Of  intoxicating  liquors ., 4it 

Of  food ■ 1143 

Advertisements.  Posting  of ^878 

Alarm  System.  Fire  and  police,  supervision  of ► 688 

Alleys.  Objections  to  paving  of 772 

' Obstructions  on  . . . ‘ 888-906 

Receiving  and  delivering  merchandise  on . 889 

Storing  boxes,  merchandise,  etc.,  on 891 

Ambulance.  Of  health  department  and  hospitals, 

right  of  way  of , 4024 

Amendment  to  Charter..  See  pp.  52-56.  ; 

Animals.  Running  at  large,  penalty 4?8 


INDi:x. 


178 


Impounding  of 

Charges  for  

Procedure,  as  provided  by  law 

Impounded,  sale  oL  Who  may  purchase.... 

Obstructing  taker  of 

Unlawful  taking  of,  penalty 

Herding 

Turning  loose  of,  penalty 

Turning,  into  parks 

Cruelty  to 

Permitting,  on  sidewalk 

Indecent  exhibitions  of 

Humane  treatment  of.  at  slaughter  yards... 

For  slaughter,  examination  of 

Diseased,  owner  to  notify  health  department 

Dead,  duty  of  health  officer  as  to 

Removal  of '. 


Contract  for.  P>ond  of 1052 

Burying  in  city,  penalty 1053 

Throwing  in  street  or  public  ground 1054 

Antitoxine.  Health  officer  keep,  give  treatments 976 

Apothecary.  Sale  of  poisons  by 9^ 

Appeal.  From  police  court 67 

To  county  court,  from  pdlice  court 67 

No,  to  district  court 67 

Bond 67 

Operates  as  supersedeas 67 

Appeals.  Frorii  decisions  of  chief  of  police 421 

Appointment.  Of  laborers 12 

Appointments.  In  classified  service 9 

Made  by  mayor,  how ii 

Temporary,  jn  classified  service 13 

Of  employes,  not  for  fixed  term 178 

Appropriations.  Annual,  to  provide  for  salaries 83 

Record  of,  by  auditor 158 

For  playground  commission 96 

Arclights.  Permits,  fees  for 689 

Nernst  lamps  classed  as,  in  procuring  permits...  . 689 

Architects.  Conform  to  rules  of  city  electrician 691 

Armories.  Location  of  . . . 763 

Arrest.  Chief  of  fire  department  and  assistants,  have 

power  of 591 

Employes  of  health  department  have  power  of...  9?i 

Ashpits.  Construction  of 618 

Ashes.  Throwing  in  streets,  alleys,  etc T021 

Receptacles  for.  required 617 

Ashlar  Facing 742 

Asiatic  Cholera 975 

Physician  report  case  of ^ 998 

Period  of  quarantine  for  . . 999 

Assault  and  Battery 493 

Assembly  Halls 607-609 

Fire  drills  in,  required 607 

Stage  firemen  in  608 

Weekly  reports  on,  of  fire  protection 609 


480 

481 

482 

483 

485 

486 
478 

490 
552 

491 

513 

531 

T I4I 
I I4T 
II4I 

974 

TOSI 


INDEX. 


179 


Safety  appliances  in,  required 750 

Assembly.  Unlawful 498 

Assessment.  Of  cost  of  public  improvements 767 

Of  public  property  for  public  improvements ; \ 771 

Of  irregular  lots,  for  cost  qf  improvements 773 

Certificate  of .' .* 790 

Roll,  local,  for  cost  of  public  improvements 795 

For  public  improvements,,  payable  in  install- 
ments   796 

Special,  index  of 803 

Assessments.  For  police  department  relief  fund 458 

Assistant  Librarians.  Iri'  noncompetitive  classified 

service 10 

Assignation  House.  Employment  office  sending 

female  to 246 

Astrologers.  Licensing  of 223-225 

Attorney,  City,  appointments,  term 36 

Duties  of / 37 

Compensation  of 38 

Assistants  of 39 

Assignment  of,  to  department  of  finance 40 

Salary  of,  payable  monthly 84 

Salary  of i77 

Advisor  police  relief  fund  board 474 

Advisor  firemen’s  relief  and  pension  board 725 

Auction  Sale.  Of  animals.  Chief  of  police  designate 

place  of 31 1 

Auctioneers.  Licensing  of 309-318 

Defined 310 

License,  application,  bond,  fee  for 31 1 

Not  assignable 316 

Mayor  may  revoke 312 

Record  of  sales  by ' 313 

Misrepresentation  by 314 

Bond  of 31 1 

Delivery  of  articles  sold  by 315 

Penalties  of 318 

Auditor.  City,  in  noncompetitive  classified  service...  10 

Bond  of 71 

Deputy,  bond  of  71 

Salary  of  payable  monthly 84 

Distributed  to  department  of  finance 156 

Appointment  of 156 

And  deputy,  removable  by  mayor 157 

Bonded  in  surety  company 157 

Custodian  of  what 157 

Duties  of 158 

Deputy,  duties  of 159 

Financial  reports  to.  by  all  departments 160 

Salary  of 177 

Duties  of,  as  to  police  relief  fund 458-460 

Auto  Driver.  Fire  department,  salary  of 177 

Automobile.  Passenger  for  hire,  license  fees  of 198 

Owners  and  operators  of,  license  regulations 357-366 

Speed  regulations  of 357 


l8o  INDEX. 

License  required  for  operator  o^ . , 35K 

Visiting,  permit  for ' 358 

Operators  of,  board  of  examiners  for ' 359 

Brakes,  alarms  and  lights 360 

License  fees  for , 361 

.Numbers,  registered 361 

Standing  in  street.  Engines  must  be  stopped....  362 

Not  permitted  in  canons,  etc.  .’ 363 

Unlicensed  operators  of,  penalty  . 364 

Tampering  with,  of  another,  penalty..  .., ..  ^ , .<3^.5. 

In  Cheyenne  park,  where  prohibited,  penjilty . . . . . 556',  55^ 

Drippings  from  on  street .\  . 91 1 

Devices  to  prevent  required  . . .j,. . • , 912 

Water  rates  for 121' 

Avenues.  xAicquisition  of,  beyond  city  limits,.... '929-933 

Awning.  Accumulating  snow,  dirt,  etc . ” , ,522 

Over  sidewalks  prohibited . -880 

Canvas  permitted,  when  881 

Badge.  Of  pqlice  officer,  wearing  without  authority.  . 441 

Bagatelle  or  Pigeon-hole  Table.  Licensing  of.  . . . . . 226-229 

Baggage.  Charges  for  carrying  . . . 200 

Bail.  In  police  court,  right  to ' 54 

Approval  of,  fees  for  taking... 54 

Persons  arrested  have  right  to ..  438 

Officer  may  take,  when  , ^ 438 

Bakery.  Water  rates  for '.  . ‘ ' 121 

Balcony.  Extending  over  sidewalk  ....................  880 

Ball.  Playing  in  streets 517 

Game  for  pay.  prohibited  on  .Sunday.  ......  v , ...  . ' 564 

Barber  Shops.  Water  rates  for.  . . , . . ' 121 

Water  meter  required  for .A  ...  133 

Keeping  open  on  Sunday 564 

Barn  Man.  Street  department,  salary  of,.....,..,....  177 

And  teamster,  water  department,  salary  of.  177 

Basement  Fixtures.  Connection  of  with  sewers.:,...  1099 

Backwater  checkvalve  required., ,,  1099 

Duty  of  owner,  of  premises  . 1100 

Bath  Houses.  Water  meter  required  for. 133 

Bathing.  In  reservoirs,  etc 142 

In  public  places,  p-ohibited  during  , certain  hours  532 

Baths.  Water  rates  for... . 121 

Battery  Room.  Telegraph,  telephone,  water  meter  re,- 

quired j 133 

Begging.  By  vagrants  . . 510 

Benchmarks.  For  establishing  grades  . 817 

Benzine.  Use,  handling,  storage  ot 629-676 

Bicycles.  Riding  on  sidewalk 514 

In  park,  without  permit  . i.  .....  514 

Lights  on .368,  369 

Fast  or  reckless  riding  of , 514 

Billboards.  Commissioner  of  public  works  and  prop- 
erty has  charge  of  .....  , , 728 

,,  Permit  required  for 921 

Prohibited  in  certain  places 922 

Location  and  construction  of 923 


INDEX.  l8r 

Removal,  alteration  of,  required  when.... ^ 924 

Mayor  may  revoke  permit  for.  " 925 

Permit  for,  consent  of  adjoining  owners  required  ' 925 

Ground  about  must  be  kept  clean.’. ‘ '926 

Persons  erecting,  bond  required  of ‘ 927 

Penalties  relating  to . 928 

Billiard  Halls.  Water  rates  for. 121 

Tables.  License  fees,  regulations  . 226-229 

Bill  Posters.  Licensed,  may  post  on  private  property.  878 

Bills.  Posting  of  on  private  property 878 

And  posters.  On  telegraph,  telephone,  poles,  etc..  561 

Prohibited  where,  penalty ^ 562 

Regulations  concerning .' 878 

Against  city.  Commissioner  of  finance  examine  . 

and  approve  ’.  . ’ 156 

Birds,  Nests  and  Eggs.  Molesting  in  parks’.. _ , 553 

Births.  Duty  of  physicians,  etc.,  to  report ,.  . . ^ , ,986 

Blacksmith  Shops.  Water  rates  for • • ••  / '■^  ’121 

Not  permitted  where  . . ..  ... ' 756 

Vehicles  left  on  stfeet  or 'sidewalW  near . 757 

Blasting  Powder.  Handling,  storage  of. 677-686 
Board  of  Examiners.  For  autornobile  licenses,  duties  of  359 

, Of  plumbers 1073 

Examination  by.  . . . ...'. .••••• ^ I074 

Compensation  of  members  of . ........  1075 

Boarding,  Rooming  and  Lodging  Houses.  Waiter' 

rates  for 121 

Hydraulic  elevators  in.  Water  rates  for , 121 

Boarding  Houses.  Water  meters  required  in  certain..  133 

Solicitors  and  runners  fOr.  License  regulation^.  . 319-331 

Boarding  Stables.  Water  rates  for ‘ , 121 

Licensing  of ..' ,,,  230-232 

Boilers.  Steam,  water  rates  for  . .......  . , . . . ' - 121 

And  pipes,  regulations 74.4. 

Boiling  Tar,  Pitch.  Permits  for,  penalty,.'.....’.;.*....  613 

Bonfires.  Permits  for,  regulation^.  ...........  ' 610 

Bond  Issue.  Special  election  for  voting  on. '. . ...  180-188 

For  purchase  of  land  for  parks,, etc.  . . . .,.  . . •.  930-933 

Bonds.  Of  city  officers  and  employes  . . . 71,  72 
Water,  measures  for  issue  and  retirement  of . .^  ..J..""'  , too 

And  warrants,  for  public  improyements  . . • • : 804-806 
Book,  Picture,  Etc.  Exhibiting  indecent  and, obscene . , 530 

.Bookkeeper.  Water  department’ salary  of . 177 

Bottling  Works/,  WaterTates  for.  . . .V‘.,'L.  , ^ 121 

, Water  meters , , fpf , . . . •!  ’ 133 

Boulevards.  Beyond  city  limits,  acquisition  of.'V... . .,4'  .9,21^933 

Bowling  Alley.  Licensing  qf  ' 

Boxes.  Irrigation— see 'irrigatiOn;bo^  ditifhboxj^^^^^^  'V/'; 
Breach  of  the  PeaCe’.  ..  . ./.  V., T 497 
‘Bread.'’Quality  and  ^ weight 'pf;,  7/^  . 1149 

Inspection  of  . . .V.v . . //V. . 1150 

Breweries.  Water  rates  for  . .'.■■/  . . ..;  , 121 

Water  meter  required  for.  . 7!  . .V  . . ’’  j I33 

Brickyards.  Water  rates  for*.’  -.w  ^2t 

F ' Water  meter  required  for.'.  . . . . V;  . . V.  . . " / t i.x 

c--/  - : . V-  . .-iriF 


INDEX. 


182 

Bridge.  Destroying,  injuring,  defacing....  562 

Builders.  Duties  of  as  to  electrical  wiring 691 

Building.  Unsafe  scaffolding  for 520 

Inspector.  Not  issue  permit,  when ■ 124 

Furnish  estimates  of  water  for  building .124 

City  engineer  shall  be 731 

Powers  and  duties  of 736 

Must  refuse  permits  and  licenses,  when 760 

Purposes.  Water  rates  for 121 

Permit.  Not  issue  until  water  charges  paid 124 

Fees  for 737 

Line,  in  residence  districts 753 

* City  engineer  to  establish,  when 754 

Permit  and  license  not  to  issue,  when 760 

May  be  declared  a nuisance,  when 1058 

Spitting  on  floor,  walls,  stairs  of 1019 

Buildings.  Office  of  more  than  10  rooms,  water  meter 

required 133 

Moving  of  by  licensed  house  mover  only 347 

Permit  for 347 

Electrical  wiring,  apparatus,  condemned  when...  688 

Permits  for,  fees 689 

Inspection  of,  notice  . 692 

Permits  for  erection  of 736 

Record  of  all  erected  or  altered 736 

Owners  of  obey  orders  of  city  electrician 736 

Permits  for  erection,  alteration,  of 737 

Definition  of  terms  relating  to 738 

Walls,  thickness  prescribed 739 

Foundations  of 740 

Wall  anchors  of 741 

Stone  facings  of  ...  . 742 

Chimneys,  pipes,  flues  in 743 

Hearths,  fireplaces  in 743 

Furnaces,  hotair  pipes,  in 743 

Steam  boilers  and  pipes  in 744 

Floors  of  745 

Within  fire  limits,  regulations 747 

Elevators  in 748 

Frame  repair  of 749 

Used  as  public  halls,  etc.,  safety  appliances  in....  750 

Fire  escapes  in  certain,  required 751 

Attaching  signs  to  . . 878 

Infected  with  certain  diseases,  renting  forbidden.  1004 

Infected,  health  officer  may  remove  or  destroy...  1008 

Burning  Rubbish.  Leaves,  etc.,  permit  for.  penalty...  610 

Burglar  Implements.  Possession  of,  penalty 510 

Burial.  Of  person  dying  in  isolation  hospital 977 

In  cases  of  contagious  diseases 1009,  1010 

Preparation,  transportation,  of  bodies 1009 

Other  than  in  cemeteries  unlawful 1027 

In  city  unlawful 1031 

Permit  required 1032 

Without  permit,  penalty 1032 

Burials  and  Disinterments 1027-1036 


INDEX. 


183 

Burros.  Running  at  large 478 

In  parks 936 

Business  Solicitors 332-345 

Defined 332 

Must  wear  badges 339 

Prohibited  in  certain  places 340 

Rules  of  conduct  of , 

Buttermilk.  Inspection  and  sale  of 1116,  1128 

Cabmen.  License  of 196 

Must  obey  police  officers  445 

Calf.  Disturbing  neighborhood  by  bawling 496 

Campfires.  In  parks,  regulations  of 936 

Canals.  Irrigating,  under  control  water  superintend- 
ent   147 

Captain.  Police,  salary  of 177 

Fire  department,  salary  of 177 

Police  436 

May  take  bail,  when 438 

Fire  department,  has  powers  of  chief,  when • 576 

Car.  Seizing,  getting  on  when  in  motion 518 

Carbolic  Acid.  Sale  of  regulated 988 

Caretaker.  Lake  Moraine,  salary  of 177 

Seven  Lakes,  salary  of 177 

Reservoirs  Nos.  7 and  8,  salary  of 177 

Ruxton  Intake,  salary  of . 177 

Bear  Creek,  salary  of 177 

Manitou  Settler,  salary  of 177 

Pike  View,  salary  of 177 

Of  city  dumps,  appointment,  duties 1055 

Carpet-cleaning  Establishments.  Nuisance,  abatement 

of 1069 

Carriages  and  Burros.  In  parks 936 

Charges  fixed 936 

Catch  Basin.  Nuisance  when,  penalty 1060 

Cattle.  Running  at  large 478 

Yard  a nuisance,  when 1058 

Sales  of  in  streets 888 

Cellar  Door.  Leaving  open 519 

Approach  to,  extending  in  street  or  sidewalk 880 

Cellars.  Examinations  of  by  health  officer 974 

Nuisance  when,  penalty 10^ 

Cemetery.  Lots  in,  city  clerk  keep  record  of 33 

Superintendent  of,  bond 71 

Disturbance  in 554 

Shooting  firearms  in 554 

Defacing  monuments,  etc 554 

Injuring  trees,  plants,  etc.,  in 554 

Trampling,  sitting  on  graves,  in 554 

Digging  graves  in,  permits  for 1039 

Charges  for 1042 

Disinterring  bodies  in,  charges  for 1042 

Removing  bodies  from  vault  in.  charges 1042 

Care  of  lots  in,  charges  for 1043 

Funds,  how  expended 1044 

Endowment  fund — see  Evergreen  cemetery. 


INDEX. 


184 


Forest  addition  to 

Cesspools.  Examination  of  by  health  officer . 

Nuisance,  when,  penalty  , . 

T.ocation,  construction  of  

' Cleaning  of,  by  licensed  vault  cleaners  only 

Removal  of  contents  of,  regulations 

Permits  for  cleaning,  required 

Charges  for  cleaning 

Chainmen.  Compensation  of 

Charter — see  pp.  1-56. 

Chauffeur.  Police,  salary  of 

Chemicals.  Explosive  or  fire  producing,  regulations.. 

Chemist.  City,  bond  of 

Salary  of 

Qualifications  of 

Appointment,  qualifications,  bond  of 

Duties,  compensation  of 

Cheyenne  Park.  Automobiles,  motorcycles  in 

Chicken  Pox 

Report  of  to  health  department 

Chickens.  Running  at  large,  penalty  . 

Chief.  Of  fire  department,  bond  of 

Assistant,  bond  of 

Report  of  on  dance  hall  premises 

Duties  of  . 

Issue  permits  for  inflammable  fluids 

Inspect  premises  inflammable  fluids  kept 

Police  powers  of 

In  noncompetitive  classified  service 

And  assistant,  salaries  of 

Of  Police.  In  noncompetitive  classified  service.. 

Salary  of  . . 

Execute  process  of  police  court 

May  take  bail  when 

Report  commitments,  prisoners,  etc.,  monthly 

Bond  of 

Prescribe  form  of  record  for  second-hand 

stores  

Make  rules,  regulations,  for  second-hand 

stores  

Approve  forms,  pawnbrokers’  statements  . ... 
Make  rules,  regulations  governing  pawn- 
brokers   

Designate  place  of  auction  sale 

' Make  regulations  governing  hotel  solicitors.. 

■ Business  solicitors 

Office  of,  created 

Appointment  of 

'■  Authority,  duties  of 

; Is  custodian  of  property  of  department 

■;  May  promulgate  rules,  etc.  . 

May  impose  forfeitures  on  subordinates 

Keep  record  lost,  stolen,  confiscated,  property 

■ Report  accidents,  personal  injuries,  to  city  at- 

■ torney  . . . 


1045 

974 
1060 

1094 

1106 

914 

916 
1 108 
177 

177 

677-686 

71 

177 

971 

1114 

1115 

556,  557 

975 
998 

1067 

71 

71 

291 

576 

630 

637 

591 

TO 

. 177 

TO 

177 

48 

.54,  438 

" 71 

260 

,263 

271 

’ 276 
31 1 

330 

342 

422 

422 

423-433 

424 

428 

429 

433 
, 449 


INDKX.  . 


185 


Powers,  duties  relating  to  pound 481 

Child.  Abuse,  neglect  of 544 

May  not  be  pall  bearer,  when  . 1010 

Coffin  not  opened  in  presence  of  when... 1010 

Children.  Vaccination  of  before  admission  to  school.  T014,  1015 

Out  at  night,  curfew  . . 545 

Duty  of  police  relating  to . 547 

Chimneys,  Pipes  and  Flues 743 

Circus.  Licensing  of 253,  254 


City.  Attorney — see  attorney. 
Additions — see  additions. 
Auditor — see  auditor. 
Clerk — see  clerk. 

Chemist — see  chemist. 
Council — see  council. 


Dumps.  Caretaker  of,  appointment,  duties 1055 

Electrician — see  electrician. 

Engineer — see  engineer.  ■ ■ * '■  ' 

Eorester — see  forester.  . 1 

Hall,  office  hours  of  offices  in 82 

Librarian — see  librarian. 


Planning  commission-— see  planning’ commission.  • 
Property.  Is  assessable  for  public  improve- 
ments   .' 

Physician.  Health  officer  shall  be ... 

Duties  of 

Right  of,  to  shut  off  water’ from  Plains’.  . . .'.v:  . .'.  . 

Scales,  designated : . , 

Treasurer — see  treasurer. 

Civil  Service.  Classifications  of *.  ..  .L.  . 

Appointments  in 

Promotions,  dismissals,  discharges 

Fraud,  deceit i . 

Politics  in .'.... 

Ordinance,  rules,  violations  of.  penalties 

Employes  not  affected  by : . . . 

Civil  Service  Commission.  Expenses  of • 

Authority  of v 

Members  of  in  unclassified  service 

Roster  kept  by,  of  classified  service 

Names  certified  by  to  auditor  

Examinations  by 

Claims.  Against  city,  commissioner  of  finance  exam- 
ine, approve .*. . 

Auditor  to  audit  and  settle. 

Clairvoyants.  Licensing  of '. 

Classified  Civil  Service.  

Clerk.  City,  appointment  of . . 

Assigned  to  department  of  finance.... 

Bond  of  . V.  

'■  Duties  of r . '. , . . . . . . . . . 

’ Pay  money  to  treasurer  . '. . 

Deputies  and  assistants'  of. . . . .' . . .' . . . / 

< Deputy,  bond  of  . , . * .' 

Salary  of  payable  monthly'.  ....... .......  — . . 


771 
' 978 
978 
137 
• 1176 

9;  10 
11-13 
14-15 
18 

19,  20 
21 
23 

7 

8 
9 

16 

17 

18 


.■■■156 

158 
223-225 
9-16 
32,  156 
32',  156 
32.  71 
33 
33 

■34,  71 
.35,  71 

r " i 84 


i86 


INDEX. 


Appointed  by  council 156 

Deputies  and  employes  of  appointed  by  mayor...  156 

Salary  of,  and  of  deputies 177 

Police  department,  salary  of 177 

And  bookkeeper  street  department,  salary  of 177 

Water  department,  salary  of 177 

Clerks.  Officers  and  employes,  salaries  provided  for  83 

Clock  Service.  Electric,  license  tax  on  poles  and 

wires  of 379 

Clubhouse.  Water  rates  for 121 

Social,  license  of  for  intoxicating  liquor 385 

License  fee  for 394 

Manager  of,  application  to  designate 399 

Revocation  and  forfeiture  of  liquor  license...  400 

Serving  intoxicating  liquors,  restrictions 406 

Coalholes.  In  sidewalk,  coverings  of 883-887 

Coaltar  Products.  Use,  handling,  storage,  of 629-677 

Cocaine.  Sale  of  regulated 988 

Cock-fighting.  Unlawful  . . 541 

Code.  Ordinance  providing  for — see  p.  V. 

Cold  Storage  Plants.  Water  meter  required  for 133 

College.  Water  rates  for 121 

Water  meter  required  for 133 

Selling  liquor  to  students  of 406 

Colorado  City.  Meter  required  for  sewer  flushers  of.  133 

Colorado  School  for  Deaf  and  Blind.  Water  rates  for  121 

Colorado  Springs.  Order  incorporating  town  of — see  p.  XV. 
City  organization  of — see  p.  XVI. 

Combustible  Material.  How  disposed  of 61 1 

Hay.  straw,  etc,  near  building,  penalty 616 

Commission.  Civil  Service,  certify  names  for  appoint- 
ment   II,  12 

City  planning  established 25 

Members  of  26,  31 

Powers  of 27 

Purposes  of 28 

Matters  to  be  referred  to  . ' 29 

Proposed  additions  to  city,  considered  by....  30 

Expenses  of 31 

District  established 890 

Storing  merchandise  on  sidewalks  in 891 

Obstructing  sidewalks  in 891 

Commissioner.  Of  water  and  water  works,  powers 

and  duties  of 97,  98 

Fix  rates,  establish  regulations 99 

Duty  of  as  to  bonds 100 

Salary  of  mayor  as 103 

Of  finance,  powers  and  duties  of 156 

Provide  office  for  civil  service  commission...  7 

Of  public  safety,  powers  and  duties  of 419 

Inspect  dance  hall  before  license 291 

Of  public  works  and  property,  powers  and  duties 

of 728 

Of  public  health  and  sanitation,  powers  and  duties 

of 971 


INDEX. 


187 

Commissioners.  Of  departments,  designation  of 6 

Each  purchase  supplies  for  his  department 164 

Recommend  appointments 10 

Make  appointments  in  labor  class ii 

Communicable  Diseases.  Designated 975-1016 

Duties  of  health  officer  relating  to 975 

Disinfection  of  premises  containing 976,  1000 

Physicians  to  report,  penalty ' 998 

Householder,  others*  to  report 982,  998 

Quarantine  of 999 

Members  of  household,  not  attend  school 1002 

House  infected  with,  renting  prohibited 1004 

Clothing  infected  with,  selling,  penalty 1005 

Removal  of  person  having 1006 

Person  dying  of,  public  funeral  forbidden 1010 

Competitive  Class.  Classified  civil  service  10 

Appointments  in ii 

Concealed  Weapon.  Carrying 501 

Concrete.  For  sidewalks,  floors,  water  rates  for 121 

Confectionery,  Figs,  Etc.  Screen  from  flies,  dust 1153 

Confiscated  Property.  Sale  of 433 

Conjunctivitis.  Physicians  to  report 998 

Constitution — see  p.  VII. 

Construction  of  Ordinances 73 

Contagious  Disease.  Burial  of  dead  from 1009 

Transportation  of  dead  from 1009 

Hospitals,  etc.,  for  exclusive  treatment  of 1022 

Continuance.  In  police  court 57 

Contractors.  Duties  of  as  to  electrical  wiring 691 

Sidewalk — see  sidewalk  contractors. 

Contracts.  For  work  or  improvements,  how  author- 
ized   164 

For  supplies  and  materials,  lists  of 165 

Bids  and>awards  of . 166 

For  public  improvements,  how  made *T..  765-816 

Coroner.  To  report  deaths  to  health  department 987 

Corporate  Seal.  Established 81 

Corporations.  Public  utility,  commissioner  of  finance 

examine 156 

Public.  Property  of  assessed  for  public  improve- 
ments   771 

Corrals.  Permission  of  health  department  for 1059 

Council.  Regular  meetings  of 2 

Special  meetings  of 3 

Journal,  rules  of 4 

Compel  attendance  of  absent  members 4 

Designate  commissioners  of  departments 6 

Furnish  supplies  to  police  court 43 

Fix  all  salaries 83 

Impose  fines  for  violation  water  regulations 99 

Authorize  water  bond  issues 100 

Cause  emergency  warrants  for  water  department.  loi 

May  remove  any  employes 178 

Issue  dance-hall  licenses 290 

Grant  liquor  licenses 384 


INDEX. 


1 88 

Appropriate  to  fire  department  relief  pension  fund  713 

Police  department  relief  fund  .............  V:‘  ' ' 463 

Counterfeiting.  Badge  of  police  officer,  penalty...^.  _ 442 

County  Property.  Assessable  for  public  improvements  ' 771 

Court. — see  police  court.  • ' , 

Court  House.  County,  water  meter  required  for....’.'  ' ‘ 133 

Site  and  park — see  Appendix  p.  163. 

Cows.  Water  rates  for . 121 

Tuberculin  test  of i . 1134 

Owners  of,  permit  examination 1137 

For  dairy  purposes,  keeping  in 'city ‘ 1138 

Cream.  Inspection  and  sale  of  , T116-1130 

Creameries.  Water  meters  required  for • • • • ; i33 

Crossboxes.  For  irrigation ......'.  ‘148,  149 

Croup.  Membranous  . . . ...'.. 975 

Cruelty.  To  animals 491 

Curblines.  City  engineer  may  vary  . . ^ 

In  business  section,  not  deterrnined  . . 833 

On  portion  of  Chestnut  street  . . ' 839 

On  certain  streets  located  ’”840 

Curbing.  Contracts  for  . 767 

Curbs.  Must  conform  to  grade  . '820 

Distance  of  from  property  line  determined.  820-830 

And  gutters,  regulations • •, -i-,  i •.•  • • • •; , 834-843 

Construction  of,  consent  of  owners . . 834 

Change  of,  compensation  of  property  owneVs  . '.  . . ‘ 835 

Adjustments  in  special  cases  ! . .,  836 

Modification  of  in  parking  districts.... . . ' 837 

Coiribined,  specifications  for  . . ..............  ""  842 

Completed,  removal  of  waste,  rubbish  .' ' 843 

Under  construction,  barricades  and  lights 843 

Cuspidors.  Required  in  public  buildings  and  halls..,..'  "1020 

Dairies.  Water  meters  required  for  . 133 

Dairy.  Daily  cleaning  of  required 1131 

Products,  inspection  of  cans  and  measures  of.  ...  . 1172 

'Damage.  To  property  by  accident,  duty  of  police....  448 

By  electrical  wires,  liability  for . 694 

Dance.  Public  defined ’ 288 

Place  of  must  be  licensed  . . ..  . .'  289 

Permits,  fees,  regulations  ,for . 294-308 

Not  permitted  when . 1 . . . ' 295 

Where  lewd  persons  resort  . . 538 

Halls  defined  . . . . . . . . , 288 

License  fees,  regulations,  for 289-308 

Inspection  of  . . ./!  .;V  291 

Inspector  of,  duties  , 300 

Datumi  Line.  And  benchmarks •••••.  817 

Day  of  Rest  Ordinance 567-573 

Dead.  Burial  of  in  unauthorized  place . . 1027 

Bodies,  removal  of  to  cemetery  required ..  1028 

Failure  to  remove,  penalty......... 1029 

Buried  out  of  cemetery,  removal  of  by  city...  ' , T030 

i;,  ',  Burying  or  depositing  in  vault  in  city.  .......  103T 

^ ; Permit  for  burial  of. . . : . . .-.  . .h  . ' 3 T032 

Burial  or  removal  of  without  perinit T033 


INDEX. 


189 

Disinterment  or  removal  without  permit.....  1034 

Receiving  from  out  of  city,  permit  for 1035 

Animals,  duty  of  health  officer  as  to 974 

Removal  of,  bids  for  contract  for.... 1051 

Bond  of  contractor 1052 

Burying  in  city 1053 

Throwing  in  streets,  etc 1054 

Deadly  Weapons.  Threatening  display  of ,.  501 

Dealers.  Transient,  license  of 220-222 

Deaths.  Physician  or  coronor  to  report 987 

Report  of,  how  made " 987 

Defacement.  Of  water  plant 140 

Default.  And  forfeiture  of  bail  in  police  court......  55 

Procedure  on 56 

Definitions.  Of  words,  etc  73 

In  liquor  ordinance 417 

Dentists.  Registration  of 985 

Register  of  to  contain  what 997 

Departments.  Executive  and  administrative. 5 

See  water,  finance,  safety,  public  works,  public 
property,  health  department,  sanitation. 

Detectives.  Special,  in  unclassified  civil  service. 9 

Salaries  of .' 177 

Duty  of,  to  investigate  accidents ‘ 448 

Diphtheria.  Isolation,  etc 975 

Report  of  to  health  department 998 

Period  of  quarantine  for 999 

Directors.  Of  public  library,  in  unclassified  service..  9 

Diseases.  Advertisements  of  cures  of  certain 533 

Communicable,  duty  of  health  officer  as  to " 975 

Persons  having,  isolation  of . 975 

Care,  treatment  of,  by  city...... 1..  975 

Disinfection  of  premises , 1000 

To  be  reported  to  health  department 998 

Disinfection.  Of  premises  required 976^1000 

Disinterment.  Of  human  body,  without  permit 1034 

Regulations  for 1035 

In  cemetery,  charges  for 1042 

Disorderly  Conduct.  What  constitutes.. 49h  498 

House,  keeping,  patronizing,  etc...... ...  536 

Disturbance.  In  Evergreen  cemetery.... 554 

Disturbing.  Of  the  peace 494 

Religious  meetings,  etc 499 

Ditch.  Obstruction  of 143 

Boxes  required,  specifications,  regulations........  150 

In  additions  to  city 856 

Ditches.  Irrigating,  charge  and  control  of  water 

superintendent 147 

Regulations  for ' ' 151 

Obstruction  of 152 

Use  of  restricted 153 

I>og.  Catcher  assigned  to  police  department.........  419 

Fights  unlawful 541' 

Dogs.  Licensing  of.  collar,  tags 3^ 

Impounding  of 370 


INDEX. 


190 

To  be  killed  when ’ 370  ‘ 

Vicious,  liability  of  owner  of 371 

A nuisance,  how  disposed  of 371 

Rabid  confined,  proclamation  of  mayor 372 

Female  impounded  when 373 

Disturbing  neighborhood 496 

Kennels,  license  and  regulations  for 375-377’ 

Domestic  Fowls.  At  large,  penalty.. 1067 

Yards  of  a nuisance  when 1068 

Draftsmen.  Compensation  of ,177 

Drainpipe.  Connection  of  with  sewer 1088 

Plumber  only  may  lay 1089 

Drains.  Outside,  how  made 1090 

And  sewers,  interfering  with. 559 

Examination  of,  by  health  officer 974 

Private,  nuisances  when,  penalty 1060 

Draymen.  License  of  required 196 

Police  control  of 445 

Drink.  Intoxicants  in  pharmacy,  public  places 409 

Drippipes.  Plumbing  regulations  of 1084 

Drivers.  Police,  salary  of 177 

Driving.  Fast  or  reckless ...  512 

Drugstores.  Water  rates  for 121 

License  of  for  intoxicating  liquors 385-418 

Fee  for  . . . 394 

Number  of  to  be  licensed,  limited... 392 

Qualifications  of  for  liquor  license 397 

Permit  to  conduct 398 

Application  for,  fee 398 

Druggist.  Sale  of  poisons  by 988 

Drugs.  Impure,  sale  of  prohibited  . 1143 

Drunkard.  Selling  liquor  to 406 

Drunkenness.  Prohibited  where 504 

Dry  Cleaning.  Defined : 658 

Sponging  not  permitted  where 659,  660 

Permit  for 661 

Building,  requirements  for 662-664 

Drain  from,  traps  required 665 

Machines,  washers 666 

Stock  of  fluids,  how  kept 667 

Drying  goods,  removal  of  fluid 668 

Settling  tanks 669,  670 

Inspection 671 

Matches,  smoking  prohibited 672 

Exposed  lights 674 

Inspection  fees 675 

Penalties  relating  to 676 

Ducks.  Running  at  large  1067 

Dumpb'Oss.  Salary  of 177 

Dumps.  Caretaker  of,  appointment,  duties 1055 

Dyeing.  And  cleaning  establishments,  water  rates  for  121 

Water  meter  required 133 

Dynamite.  Handling  and  storage  of 677-686 

Ejection.  Special  for  voting  bonds 18^188 

Serving  liquor  during  hours  of 386 


INDEX.  I9I 

Special  patrolmen  during  . . 43® 

Electric  Light  Company,  Inspection  of  poles,  wires  of  37^ 

.License  tax  poles,  wires  of 379~382 

Connect  and  disconnect  when 1010 

Works,  water  meter  required  for 133 

Motors,  generators,  permits,  fees,  for 689 

Fans,  pormits,  fees 689 

Lighting  temporary,  permits,  fees 689 

Fixtures.  Installing,  permits,  fees 689 

Electrical  Department.  Inspect  poles,  wires  . . 37^ 

Wiring.  Apparatus,  condemnation  of 688 

Disputes,  arbitration,  concerning 688 

Rules,  regulations,  city  electrician  make 688 

Permits  for,  fees,  etc 689 

Repairing,  permits  for,  fees 689 

Complete,  when 693 

Inspection  of,  certificate 694 

Annual  license  for,  to  whom,  bond 695 

Licenses  for 696,  697 

Damages  caused  by.  liability 704 

Conduits,  how'  installed 702.  703 

Electrician.  City,  bond  of 71,  687 

Salary  of i77 

Inspect  gasoline  lighting  systems 623 

Charges  for 626 

Condemn  gasoline  lighting ^ 627 

Appointment,  salary  of 687 

Powers  and  duties  of 688 

Fees,  books,  records  of 690 

Inspect  building,  leave  notice 692 

Control  over  overhead  wires,  cables 698 

Right  of  to  enter  premises 702 

Electrolysis.  Of  water  pipes 958 

Elevators.  Hydraulic.  Water  rates  for 121 

Water  meters  required  for 133 

Passenger,  freight,  permits,  regulations 748 

El  Paso  County.  Court  house,  jail,  water  meter  re- 
quired for 133 

Emergency.  Warrants,  water  department . loi 

Supplies,  purchase  of ,169 

Employes.  Entitled  to  day  of  rest 571 

City,  salaries  of.  payable  how 84 

Water  department T02 

Subject  to  removal  . . 178 

Salaries,  when  entitled  to 179 

Employment.  Intelligence  office,  license,  regulations  241-252 

License,  application  for 242 

Fee,  bond,  etc ' 243 

Treasurer’s  certificate  244 

Charges  of  regulated 245 

Regulations  governing 246-251 

Offenses  by,  penalties 246-252 

Employments.  In  classified  service,  how  made 9 

Enclosures.  Water  system,  entering  within  forbidden  144 

Endowment  Fund.  Evergreen  cemetery 1045 

Engine  House.  Injuring,  defacing  . . ,. . . 558 


1 92  INDEX. 

Engineer.  City,  in  noncompetitive  classified  service..  lo 

Bond  of 71,  729 

Salary  of 177 

Payable  monthly 84 

.Assigned  to  department  public  works  and  prop- 
erty . . . 728 

Appointment  of 729 

Duties  of , 730 

Shall  be  building  inspector 731 

Pay  money  to  treasurer  the  day  received 732 

Assistant,  salary  of 177 

Appointment,  duties  of 734 

Assistants  and  subordinates  in  office  of 735 

Establish  building  line  when 755 

Prepare  specifications  for  street  improvements...  767 

Fire  department,  salary  of 177 

Erysipelas.  Physician  to  report,  penalty 998 

Evergreen  Cemetery — see  cemetery, 

Endowment  fund t04.5,  1046 

Evidence.  Copies  certified  by  clerk  received  in ^ 

Examiners.  Board  of  for  automobile  licenses . 359 

Excavation  Fund.  Deposit 868 

Excavations.  To  take  up  set'vice  pipe,  permit 116 

In  streets,  duty  of  policemen 447 

Leaving  uncovered  unsafe ‘ 519 

In  street,  permit  required  for . 548 

In  streets  and  alleys 867-877 

Unlawful  without  permits 867 

Permits,  deposits  for '......  867,  868 

Regulations  governing 869 

Lights  at  night 870 

Permit,  workmen  exhibit ^ 871 

Record  of  applications,  plans,  for... 872 

Additional  concrete  required  by  873 

For  railroad  tracks  874 

By  water  department,  permit  required . 875 

For  laying  or  connecting  with  sewers 1089 

Executive.  And  administrative  departments.  5 

Exhibition.  Or  play,  immoral  prohibited.. ' 530 

Experts.  In  unclassified  service  . . 9 

Explosives.  Discharging  . . 505 

And  inflammable  fluids,  near  stairs  or  exits 614 

Express  Wagon.  License  fee  for 198 

Expressmen.  License  of  . • • • , . tqC 

Extension.  Of  water  mains,  right  to  shut  off  water 

for 137 

False  Alarm.  Of  fire . , 500,  596 

Fares.  For  carrying  passengers,  baggage,  by  licensed 

vehicles 200 

Fast  Driving.  Prohibited '. 512 

Fees  and  Costs.  In  police  court 63 

Female.  Seeking  employment,  sending,  to  immoral 

place . . .‘.  149 

Fence  or  Railing.  Injuring,  hitching  animals  to. ^ 560 

Finance.  Commissioner  of,  powers  and  duties 1.^5.  156 


INDDX.  193 

Audit  bills  for  supplies 170 

Fine.  Police  court  may,  for  contempt 50 

Fines.  And  costs  paid  to  police  magistrate 65 

Officer  failing  to  pay  over,  penalty 65 

Fire.  Alarm  of,  other  use  of  water  cease 132 

False  alarms  of,  penalty 596 

Alarm  system,  city  electrician  charge  of 6^ 

Apparatus,  protection  of 593-600 

Arms.  Discharging 505 

In  Evergreen  cemetery 554 

Department,  supervision,  control  of 419 

Inspect  electric  poles,  wires 378 

Establishment,  organization  of 574-581 

Who  compose 574 

Manager  of,  authority,  powers 575 

Chief  of,  duties 576 

Members  of,  appointment,  duties 577-579 

Rules,  regulations,  copies  of 579 

Badges,  members  to  wear 580 

Members,  resignation  of 581 

Captain  of,  have  powers  of  chief,  when 576 

Powers  of 582-592 

Right  of  way  of 582 

Obstructing,  penalty 582 

Power  of,  to  destroy  buildings 590 

Chief,  assistants,  police  powers  of 591 

Entering  engine  house  of,  penalty 595 

Keys,  wrongful  possession  of,  penalty 598 

Telegraph  poles  of,  injuring,  defacing 599 

Signal  boxes,  opening,  meddling  with 600 

Members  of,  assessed  for  relief  fund 713 

Relief  and  pension  fund,  how  created 706-727 

Administered  by  firemen’s  relief  and  pen- 
sion board 706 

Custodian  of  fund 71 1 

Warrants  on,  how  drawn 712 

Sources  of  revenue  for 713 

Money  in  not  transferred  to  other  fund..  714 

Benefits  of,  who  may  receive 716 

Sick  benefits 717 

Total  disability 718,  719 

In  case  of  death 720 

In  case  of  retirement 721 

Euneral  expenses 722 

Prorated  when 723 

Exempt  from  levy 724 

Powers  of  city  council,  relating  to 727 

Carrying  through  streets 612 

Engines,  meddling  with 558 

Hose,  injuring,  interfering  with  . . 558 

Driving  over 597 

Stations,  injuring,  obstructing 594 

Hydrants,  control  of 601-604 

Plugs,  water  rates  for ^.  . t2T 

Taking  water  from 139 


194 


INDEX. 


liiscapcs,  when  required 

Limits,  boundaries  of  

Rubbish,  ashes,  not  permitted  within 

Warden,  duties  of 

Hindering,  interfering  with 

Salary  of 

Firecrackers.  Canon  prohibited 

Firemen.  Duty  of  in  protection  of  water  system 

Salaries  of 

False  personation  of 

Police  powers  of  . 

Hindering  in  performance  of  duty 

Firemen’s  Relief  and  Pension  Board.  Members  of... 

Election  of  members  of 

Ts  trustee  of  fund 

President  of 

Elect  secretary 

Adopt  rules 

May  draw  and  invest  fund 

City  attorney  adviser  of 

Report  of  to  mayor  and  council 

Fireplaces.  Hearths,  grates 

Fires.  Spectators  of  obey  orders 

Cordon  established  at 

Property  removed  from 

Tu’censed  vehicles  required  to  aid  at 

Aleasures  for  prevention  of 

In  parks,  regulations  for 

Fireworks.  Prohibited,  exceptions 

Fishing.  In  lakes  and  reservoirs 

Fixtures.  Water,  owner  of  premises  keep  in  repair.  . . 

Access  to  premises  to  examine 

Floors.  Construction  of 

Flowers.  In  parks,  taking  prohibited 

Flumes.  Irrigating,  control  of 

Food.  And  milk  division  established 

Inspector,  appointment,  qualifications,  bond 

Duties,  compensation  of 

Is  inspector,  sealer  of  weights  and  measures. 

Impure,  adulterated,  unwholesome . 

Condemned,  duty  of  health  department 

Unwholesome,  offering  for  sale,  penalty 

Duty  of  individuals  to  report 

Misrepresentation  of  

Food  Products.  Protection  of  from  dust,  insects.... 

Transportation  of  through  streets 

Exposed  for  sale,  covering  required 

Foodstuffs.  Hucksters  and  peddlers  of,  license  of.... 

Defined  . . . 

Not  allowed  on  certain  streets 

Producer  of  may  peddle  without  license 

Foreman.  Water  department,  salary  of 

Street  department,  salary  of 

Forester.  City,  appointment,  qualifications,  bond.... 
Assigned  to  department  of  finance 


751 

746 

549 

605 

606 

'177 

506 

T41 

177 

589 

592 

593 

706 

707 

708 


709 

709 

709 

715 

725 

726 


743 


584 


585 

580,  587 
588 
607-621 
936 
505 

555 


TT2 

136 

745 

552 

T47 
ITTI 
TTT2 
T77,  1113 
1164 
1U3 
TT44 
TT45 

IT46 
TT48 
TT52 
T T52 
TI.S3 
278-283 
278 
280 
282 


T77 

T77 

T90 

TQO 


INDEX.  195 

Salary  of i/7 

Grant  permits  to  sell  and  distribute  trees 937 

Inspect  and  spray  trees,  etc 942 

Remove  dead  trees  limbs 943 

Require  abutting  owners  to  plant,  care  for,  trees.  944 

Spray  trees  for  owners,  when 944 

Supervise  sale  of  timber,  city  lands 945 

Reforestation  of  watersheds 945 

Duties  of,  protect  trees 946 

Accounts  of,  pay  pioneys  to  treasurer 947 

Notices,  directions  of,  enforced 948 

Forestry.  Care  of  trees,  shrubs,  etc 937-948 

Fountain.  Stationary,  water  meter  required  for 133 

Fowls.  Running  at  large 1067,  1068 

Yards  of,  when  nuisance,  penalty 1068 

In  crates,  sanitary  and  humane  regulations 1042 

Frame  Buildings.  Repair  of 749 

Franchise  Taxes.  Commissioner  of  finance  collect...  156 

Franchises.  Ordinances  granting — see  Appendix  pp. 

3-132. 

Fraud.  Deceit  in  civil  service  examintaions i8 

Fruits.  Display  of  for  sale 1153 

And  vegetables,  sorting  cleaning,  on  streets,  etc..  1154 

Funeral.  Processions,  passing  through,  obstructing.  . 503 

Furnaces.  For  heating  buildings 743 

Gambling  House.  Keeping,  permitting 539 

Police  may  enter  by  force 540 

Devices,  chief  of  police  seize 539 

Gaming.  Prohibited 539 

Garage.  Public,  prohibited  outside  fire  limits 761 

Rules  of  the  road  to  be  posted  in 515 

Permit  for,  council  may  authorize  ' 761 

Garbage.  And  dump  men,  assigned  to  health  depart- 
ment  971 

Throwing  on  streets,  vacant  lots io2T 

Cans,  regulations  for 1047 

Removal  of '.  1048 

Wagons 1048 

Contracts  for  removal  of,  how  awarded i049 

Depositing,  in  place  not  authorized 1055 

Gardens.  Irrigation  of  from  ditches  restricted 153 

Gas  Works.  Water  meter  required  for 133 

Gasoline.  Use,  handling,  storage  of 629-677 

Vapor  lighting 622-628 

Rules,  requirements,  for  installing 622 

Inspection  of 623 

Permits  for 624 

Additions  to  existing  systems 625 

Charges  for  inspection  of 626 

When  condemned 627 

Disputes,  how  determined 628 

Penalties  for  violation  of  ordinance 628 

Gate.  Leaving  open  on  sidewalk  or  alley. 885 

Geese.  Running  at  large 478 

Prohibited,  penalty 1067 


INDEX. 


196 

Giant  Powder.  Handling,  storage  of 677-686 

Goats.  Running  at  large 478 

Grade.  On  Huerfano  street 819 

Grades.  Datum  line  for 817 

How  established 818 

Sidewalk,  curb,  gutter,  must  conform  to 820 

Grading.  Contracts  for,  proceedings 767 

Gravel  Foreman.  Street  department,  wages  of 177 

Graves.  Charges  for  digging 1042 

Greasetraps.  Health  officer  cause  to  be  cleaned 974 

Nuisance  when 1042 

Required  where,  location,  construction  of 1095 

Cleaning  by  licensed  scavenger  only 1096 

Permit  for.  regulations 1096 

Greenhouse.  Water  rates  for 121 

Gun.  Discharging 505 

Guncotton.  Handling  and  storage  of 677-686 

Gunpowder.  Handling  and  storage  of 677-686 

;Quantities  permitted.  How  kept 677 

Magazine,  prohibited 678 

Conveyance  of,  regulations 679 

Exceeding  50  pounds,  removed  from  city 680 

Shipments  of  removed  in  12  hours 681 

Vehicles  loaded  with 682 

Seizure  and  removal  of 683 

Manufacture  of  prohibited 684 

Concealed,  duty  of  police 685 

Gutters.  Contracts  for  construction  of . 767 

Must  conform  to  grade . 820 

Curbs,  and  consent  of  propert}"  owners 834 

Change  of.  compensation  of  owners 835 

Adjustment  of  in  special  cases 836 

Tn  parking  districts  modifications 837 

Hackmen.  License  of 196 

Obey  police  officers 445 

Hacks.  License  fee  for 198 

Charges  for  carrying  passengers 100 

Tn  parks,  regulations 936 

Hall.  Public,  water  rates  for 121 

Handbills.  Posters,  etc.,  prohibited 562 

Hatchway.  I^eaving  open,  unsafe 519 

Hatpins.  Wearing  of  regulated ■ 528,529 

Hay  and  Straw.  Stacks  near  buildings 615,616 

Health  Department.  Clerk  of,  bond 71 

Salary 177 

Employes,  salaries  of I77 

Health  officer  is  head  of  the 973 

Orders  of,  issue  in  name  of  health  officer 973 

Rules,  regulations  of,  health  officer  make 979 

Disobeying 979 

Members  of.  make  arrests 980 

Rooks,  records,  of 981 

Assistants.  Employes  in,  appointment  of 984 

Keep  register  of  physicians,  etc 985-997 

Keep  register  of  peddlers  of  drugs,  etc 997 


INDEX. 


197 


Sanitary  inspection  of  city  by,  yearly 1017 

Ambulances  of,  right  of  way 1024 

Abate  nuisances  when T056 

May  permit  corrals,  rabbitries,  in  city 1059 

Officer.  In  unclassified  service 9 

Bond  of 71 

Salary  of I77,  983 

Report  on  dance  halls..'. 291 

Qualifications  of . 971 

Appointment,  duties  of 972 

Is  head  of  health  department 973 

Adviser  of  city  officials  on  health  matters....  973 

Powers  and  duties  of 974 

Disinfect  premises,  when 976 

Keep  antitoxin,  give  treatments  of 976 

Duties  of,  as  to  isolation  hospitals 977 

Is  city  physician,  duties  as 978 

Make  rules,  regulations 979 

May  make  arrests.  . . . 980 

Annual  report  of,  to  council 982 

Submit  estimates  to  auditor 882 

Establish  quarantine 999 

Duties,  in  disinfection  of  premises 1000 

Release  quarantine,  when 1001 

May  destroy  or  remove  infected  buildings...  1008 

Duties,  as  to  vaccine  and  vaccination loii 

Compulsory  vaccination  by 1012 

Abatement  of  nuisances  by 1056,  1065,  1066,  1068 

Is  chairman  board  of  examiners  of  plumbers.  1073 

Herding.  Of  animals 478,  489 

Hitching  Posts.  And  rings  required 884,  915,  916 

Hogs.  Keeping  of  prohibited 1059 

Horse.  Driving,  riding  on  sidewalk 886 

Horses.  Water  rates  for 121 

Running  at  large 478 

Permitting  on  sidewalk 513 

Leaving,  without  hitching 513 

Stopping  in  obstructing  street 513 

In  parks 936 

Sales  of  in  street 898 

Hospital.  Isolation,  health  officer  has  charge  of 977 

Burial  of  persons  dying  in 977 

Hospitals.  Water  meter  required  for 133 

Ambulances  of  have  right  of  way 1024 

For  tubercular,  contagious,  diseases,  prohibited..  1022 

Hotair  Furnaces.  And  pipes 743 

Hotbeds.  For  profit,  water  rates  for 121 

Hotel  Solicitors.  Licenses,  regulations 319-331 

Hotels.  Water  rates  for 121 

Water  rates  for  hydraulic  elevators  in 121 

Certain,  water  meters  required  in 133 

Solicitors  for 319-331 

Liquor  license,  regulations  for 385-418 

Serving  liquor,  restrictions  as  to  persons 406 

Hothouses.  Water  rates  for 121 


I(>^  INDEX. 

House.  Number  required  before  water  supplied  to..  127 

May  be  a nuisance,  when 1058 

Of  illfame,  sending  female  to 246 

Keeping,  owning,  patronizing 536 

Movers,  licenses,  permits,  regulations 346-350 

Hucksters.  Peddlers  of  foodstuffs,  license,  regulations  278-284 

Hydrants,  b'ire,  under  charge  of  water  department..  661 

Interfering  with 6oi 

Obstruction  of  . . 602 

Wrenches,  who  may  use 603 

Ice.  Inspection  and  sale  of 1156-T159 

License  for  sale  of 1156 

Purity  of 1157 

Examination  of,  by  health  officer 1158 

Weighing  of 1141 

Plants,  water  meter  required  for 133 

Idiot.  Selling  liquor  to 406 

Impersonating.  Officer,  penalty 440 

Impersonation.  False,  in  civil  service  examination..  18 

Imprisonment.  For  contempt,  in  police  court 50 

On  continuance,  in  police  court 57 

To  satisfy  judgment,  in  police  court 58 

Improvements.  Public,  contracts  for 765-816 

Indecent  Exhibition,.  Of  animals.. 531 

Exposure,  conduct 530 

Language 497 

Indigent  Persons.  Abatement  of  water  rates  to 12*5 

Infected  Persons.  Excluded  from  schools 999,  1002 

Of  smallpox,  bringing  to  city... 1007 

Infected  Houses.  Renting,  leasing 1004 

Clothing,  selling,  disposing  of 1005 

Building,,  removed,  destroyed  when 1008 

Inflammable  Fluids.  Regulations  for 629-677 

Defined .- 629 

Permits  for,  chief  of  fire  department  issue 630 

In  buildings,  how  kept 631 

Rules  for  storage  of 632-634 

Drawing  from  tanks 635 

Handling  of  kerosene 636 

Applications  for  permits 637 

Permits  for  manufacture  of 638 

Electrical  grounding  of  tanks 639 

Reserve  stock,  storing,  drawing  off 650 

Heavy  oils 654 

Fire  precautions 655 

Waste  from,  exclude  from  sewers 656 

Permits  for,  council  grant  or  refuse 673 

Exposed  lights  in  room  containing 674 

Fees  for  inspection 675 

Penalties  relating  to 676 

Oils  and  explosives  near  stairs  or  exits 614 

Injury.  Personal,  city  physician  investigate 978 

To  water  plant 140 

Inspection.  Of  electric  wires  and  poles 378 

Of  places  licensed  to  sell  liquor 4T0 


INDEX.  199 

Inspector.  Building — see  building  inspector. 

Department  of  public  works  and  property,  salary  177 

Health  department,  salary 177 

Of  dance  halls,  powers  and  duties  of 300,  306 

Of  weights  and  measures,  salary  of I77 

Duties  of 1164 

May  not  sell  scales,  etc < 1165 

Powers  of 1166 

May  charge  fees.  . . 1167 

Hindering,  obstructing 1175 

Appointment,  duties  of 1205.  1206 

Repeal,  construction  of 1207 

Institute.  Deaf  and  Blind,  water  rates  for i2i 

Instrument  Men.  Compensation  of 177 

Insurance.  Of  pledges  by  pawnbroker 276 

Intelligence  Offices.  Licensing  of,  regulations 241-252 

Interest.  Rate  of  chargeable  by  pawnbrokers 272 

Intoxicating  Liquors.  Drinking  in  dance  hall 304 

License,  permits,  regulations,  for  sale  of 383-418 

Council  may  license  sale  of 384 

License  for,  to  whom  granted 385 

Procedure  to  obtain 387-391 

Term  of,  one  year 393 

Renewal  of 393 

Posting  of.  . 395 

Transfer  of 396 

Revocation,  forfeiture  of 400,  401 

Restriction  on  sale  of....‘. 385 

Sale  of  in  restaurants  prohibited 408 

Restrictions,  regulations 410-417 

Intoxication.  In  public  place 504 

Inventories.  Of  city  property 171 

Irrigation.  Distribution  of  water  for 147 

Time  allowed  for 148 

For  profit  forbidden 153 

Ditches,  etc.,  control  of  water  superintendent....  147 

Dimensions,  materials,  of 151 

Crossbox .’ 148 

Ditchboxes 150 

Diversion  of  water  from 152 

Obstructions  of 152 

Isolation  Hospital.  Health  officer  has  charge  of 977 

Burial  of  persons  dying  in 977 

Assistants,  nurses  in 977 

Jail.  County,  water  meter  required  for 133 

Janitor.  City  hall,  bond  of 71 

Salary  of 177 

Assistant,  salary  of 177 

Assigned  to  department  public  works  and  prop- 
erty  728 

Job  Wagon.  License  fee  for 198 

Judgments.  Police  court,  against  city,  no  witness  fees  61 

Against  informer,  for  costs,  when 62 

Junk  Dealers.  Licensing  of 236-240 

Junk  Peddlers.  Licensing  of 236,237 


200 


INDEX. 


Jurisdiction.  Of  police  court 44 

Jury.  Not  allowed  in  police  court 44 

Kennels.  License  and  regulations  of 374-377 

Kerosene.  Regulations  for  handling 636 

Kiteflying.  In  streets 517 

Labor.  On  Sunday 567 

Class  in  civil  service .10 

Laborers.  Unskilled,  how  employed 10 

Wages  of,  water  department 177 

Street  department  177 

Health  department 177 

Lakes.  Pollution  of 142 

Shooting  on 142 

Enclosures  of,  entering,  prohibited 144 

Bathing  in.  . . . 531 

Land.  Acquisition  of  for  parks,  etc 929-933 

Laudanum.  Sale  of 988 

Laundries.  Water  rates  for 121 

Water  meters  required  for 133 

Leadpipe  Connections no 

Librarian.  In  noncompetitive  classified  service 10 

Bond  of 71 

Library.  Board  of  directors  of 9 

Public  established 949 

Wrongfully  taking  book  from  950 

Failure  to  return  book  to... 951 

Injury  to  books  or  property  of  952 

Fund,  fees,  fines,  paid  to  use  of 953 

Building,  injury  to 952 

License  Deputy.  Cify  clerk  to  designate 33 

Ordinance,  rules  of  construction  of 256 

To  carry  weapons,  mayor  may  grant 501 

For  sale  of  intoxicating  liquors 384-418 

Of  venders  of  milk 1116 

Fee,  refund  of,  when  license  revoked 192 

For  vehicles 189 

Popcorn,  peanut,  candy,  tamala,  stands 210 

Merry-go-rounds  214 

Peddlers  and  solicitors 217 

Transient  dealers 221 

Clairvoyants,  palmists,  etc 225 

Billiard,  pool,  etc.,  tables 227 

Bowling  alle3^s  22(7 

Shooting  galleries 227 

Livery,  boarding,  stables 231 

Street  vendors 234 

Junk  dealers  . - 236,  237 

Employment,  intelligence,  offices 243 

Circus,  show,  etc 253 

Second-hand  stores 258 

Pawnbrokers 267 

Hucksters,  peddlers,  of  foodstuffs 279 

Skating  rinks 285 

Dancehalls 290 

Auctioneers 313,  314 


INDEX. 


201 


Hotel  solicitors 322 

Hotisemovers 346-348 

Master  plumbers 356 

Liquor  dealers 394 

Tax  on  electric  poles  and  wires 379 

Fees,  collections  of 156 

Licensed  Vehicles 196 

Fares  and  charges  of ‘ 200 

Tags,  -price  cards,  required 201 

Police  authority  over 204 

Stands  of,  how  designated 205 

Liability  of  owners  of 207 

Required  to  aid  at  fires 588 

Drivers  of,  duty  as  to  baggage  left  over 202 

Refusal  to  carry  passenger  or  baggage 203 

Falsehood,  deception  by 206 

Penalties  relating  to 208 

Licenses.  City  clerk  issue,  collect  fees 33 

Revocation  of 191 

Who  subject  to 193 

How  signed,  sealed 194 

Conditions  of 195 

Transfer  of 255 

For  electrical  wiring,  apparatus 695-699 

For  use  of  water * 118-128 

Terms  of 118 

Applications  for ■. . . . 119,120 

Rates  and  charges  for 121 

Regulations  for 122 

Refund  of,  allowed  when 126 

Warrants  for  refund 128 

Lieutenant.  Fire  department,  salary  of 177 

Light.  Electric,  poles  and  wires,  license  tax  on 378-382 

Heat  and  power  franchises — see  appendix  pp.  3-39. 

Lighting  Machines.  Gasoline  vapor,  requirements...  622 

Limitation.  Of  actions  relating  to  public  improve- 
ments  815 

Linemen.  Fire  department,  wages  of 177 

Liquor.  Intoxicating — see  intoxicating  liquor. 

Livery  Stables.  Water  rates  for 121 

Hydraulic  elevators  in,  water  rates  for 121 

Licensing  of 230-232 

Rules  of  the  road  to  be  posted  in 515 

Location  of,  where  prohibited 756 

Vehicles  on  sidewalks  at 757 

Condemned  as  nuisance  when 758,  1058 

Vehicles  of,  washing  on  sidewalk 757 

Lodge  Rooms.  Water  rates  for 121 

Lodging  Houses.  Water  rates  for 121 

Hydraulic  elevators  in,  water  rates  for 121 

Loitering.  On  walks,  in  doorways,  etc 495 

Lost  Property.  Chief  of  police  keep  record  of 433 

Notice  and  sale  of 433 

Lots.  Fees  for  survey  of 730 

In  additions,  selling  when  permitted 849 


202 


INDEX. 


Weeds  and  rubbish  on,  removal 917 

Assessment  of  owners  of  for  removal  of  weeds..  918 

Loud  Noises.  Disturbance 494 

Lunch  Rooms.  Water  rates  for 121 

Macadamizing.  Guarantee  of 767 

Machinist.  Fire  department,  salary  of 177 

Magistrate. — See  police  magistrate. 

Mains.  Water,  right  of  city  to  shut  off  water 137 

Tampering  with,  penalty 138 

Connections  with,  tapping,  permits T09 

Excavations  for,  who  may  make no 

Malicious  Mischief 563 

Manure.  In  streets,  alleys,  vacant  lots 1021 

Nuisance,  when,  regulations 1061 

Map.  Of  addition  to  city 848,852 

Market.  Public,  established 1160 

Master,  make  rules  of  market 1161 

Collect  fees 1162 

Bond  of 71 

Salary  of 177 

Qualifications  of 971 

Approve  applications  for  huckster  license....  279 

Master  Plumber.  License,  bond,  of 356 

Material.  List  of,  each  department  make 165 

Bids  for,  advertisement,  reward 166 

Mayor.  Duties  of,.. ' i 

May  call  special  meetings  of  council 3 

Designate  commissioners  of  depar^tments 6 

Salary  of,  payable  monthly 84 

Account,  in  water  department 103 

All  officers  report  to,  when 85 

Audit  payrolls,  accounts,  water  department 102 

Suspend,  remove,  officers,  employes 102 

Purchase  supplies  water  department 102 

Appoint  superintendent,  assistants,  etc 104,  106 

Grant  abatements  of  water  rates 125 

Order  meters  installed 133 

Remove  employes 178 

Duties  of,  as  to  public  dances 303  . 

Appoint  special  patrolmen * 430 

Grant  licenses  to  carry  weapons 495,501 

Measles 975 

Report  of,  to  health  department 998 

Period  of  quarantine  for,. 999 

Meat  Market.  Regulations 1140 

Inspection  of 1140 

Market,  cleaning  of 1141 

Of  overheated  animal 1145 

Medical  Advertisements.  Certain,  prohibited 533 

Meetings  of  Council 2,  3 

Members  of  Council.  Salaries  of,  payable  monthly..  84 

Membranous  Croup 975 

Report  of  to  health  department 998 

Period  of  quarantine  for 999 

Menageries.  Licensing  of 253,254 


INDEX. 


203 


Meningitis 975 

Report  of  to  health  department 998 

Merchants.  Keeping  stores  open  on  Sunday 568 

Merry-go-rounds.  License  of 213,  214 

Messenger-call  Service.  Tax  on  poles,  wires,  of 379 

Electrical  permits  not  required  of,  when.  . 689 

Meters.  Water,  required  where 133 

Regulations  for 133 

Rates 134 

When  meter  fails  to  register 135 

Beyond  city  limits,  charges  for 134 

Tampering  with 138 

Midwife.  Duty  of  to  report  births 986 

Milk.  Cream,  etc.,  license  for  sale  of,  required 1116 

Bringing  into  city,  license  for  required 1116 

License,  applications  for 1116 

Investigations 1116 

Fees  for 1116 

Expires  when 1116 

Must  be  posted  in  place  where  sold 1117 

Number  of  and  name  on  vehicles 1117 

On  cans,  etc 1117 

Wagon,  sign  on 1125 

Cans,  bottles,  cleaning  of,  reglations 1118 

Must  be  sealed 1119 

Inspection  of 1120 

Inspectors  of 1121 

Test,  standard  of  purity  of 1122 

Skimmed,  test  of 1124 

Impure,  diluted,  adulterated 1125 

Condensed,  evaporated 1126 

Sale  of  in  original  packages  only 1129 

Delivery  of  to  quarantined  houses 1130 

From  diseased  cows 1132 

From  cow  before  and  after  calving 1133 

From  cows  not  tuberculin  tested 1134 

Sale  of  before  inspection  and  permit 1135 

Bottles,  measures,  etc.,  inspection  of 1172 

Minor.  Selling  liquor  to 406 

Employment  of,  in  selling  liquor 407 

Under  fifteen,  out  at  night 545,546 

Vaccination  of . 1013 

Under  eighteen,  not  allowed  in  billiard  hall 228 

At  public  dance  . . .*. 297 

Mischief.  Malicious 563 

Misconduct.  In  office,  removal  for 87 

Misdemeanors.  General  penalty  for 492 

Money  Lender.  Liable  as  pawnbroker,  when 273 

Morphine.  Sale  of 988 

Motorcycle.  Owner,  driver,  operator  of,  license  of. . . 357,  366 

Speed  regulations  of 358 

Passenger  on  in  front  of  driver 523,524 

In  Cheyenne  park 556,  557 

Lights  on 367,  368 

Motormen.  On  streetcars,  weather  shield  for 955 


204  INDEX. 

Motors.  Water  rates  for 121 

Motorvehicles.  Definition  of 361 

Owner  of,  obtain  license ; 361 

License  of  operators  and  drivers  of 358 

In  canons,  parks,  etc 363 

Operating  without  license ..  364 

Tampering  with  of  another 3,65 

Mules.  In  parks 936 

Sale  of  in  streets 898 

Mumps 985 

Report  of  to  health  department 998 

Period  of  quarantine  for 999 

Nernst  Lamps.  How  classed 699 

Nitroglycerine.  Handling  and  storage  of 677-686 

Noncompetitive  Employments ' 10 

Nuisance.  Committing  in  certain  places 535 

Livery  stable  a,  when 758 

Bringing  into  city 1062 

What  constitutes 1065 

Smoke  is,  when 1070,  1071 

Decaying  animal  matter  is.... 1057 

Stable,  chicken  yard,  etc.,  is,  when 1058 

Cellar,  vault,  drain,  etc.,  is,  when 1060 

Stable  manure  is,  when 1061 

Nuisances.  Common  law  applicable  to,  when 1063 

Duty  of  police  concerning 427 

Abatement  of  by  health  officer 974 

Duty  of  health  officer 1056 

Expense  of,  how  collected 1056 

Complaints  of  to  health  officer 1064 

Abatement  of  on  notice 1065 

Summary 1066 

Poultry  yards  are,  when 1068 

Carpet  cleaning  establishments  are 1069 

Obscene  Offenses.  Books,  pictures,  shows 530 

Exhibitions,  behavior,  advertisements,  etc.,  posting 

of  532-534 

Obstruction.  Of  ditch,  pipeline 143 

Obstructions.  On  sidewalks,  streets 889-907 

Offense.  Several  penalties  for  same,  attorney  elect...  75 

Offenses.  General  penalties  for 492 

And  penalties,  concerning  the  public  peace 492-504 

Safety  of  person  and  property 505-531 

Rules  of  the  road 517 

Public  morals  and  decency 530-543 

Children 544-547 

Ways,  parks,  cemetery 548-557,  936 

Public  and  private  property 558-563 

Sunday _ 564-573 

Gunpowder,  other  explosives 677-686 

Building  regulations 752-759 

Livery  stables,  etc.  . 759 

Garages ' 763 

Construction  of  sidewalks 845 


INDEX. 


205 


Additions  to  city 855 

Traffic  on  certain  streets 859-866 

Excavations  in  streets 867-876 

Use  and  care  of  streets 878-897 

Fire  apparatus 593-600 

Fire  hydrants 601-604 

Electrical  wiring,  etc 7^5 

Billboards 928 

Parks 936 

Trees  and  forestry 937-948 

Public  library 950-952 

Public  service  corporations 954~97o 

Health  officer,  etc 974-984 

Physicians,  pharmacists,  etc 985-997 

Quarantines,  vaccination 998-1016 

Sanitary  regulations 1019-1034 

Burials,  disinterments 1027-1036 

Garbage 1047-1050 

Dead  animals 1051-1054 

City  dumps 1055 

Nuisances 1056-T072 

Plumbers 1076 

Plumbing  inspector 1079-1083 

Sewers 1098 

Vaults,  cesspools,  etc 1103-1110 

Inspection,  sale,  of  milk ; . . .- 1116-1130 

Dairies,  etc 1131-1139 

Meat  markets,  etc 1140-1142 

Pure  food,  etc 1143-1155 

Markets 1163 

Weights  and  measures 1164 

Obstructions  on  sidewalks,  etc 889-907 

Office.  Buildings,  water  meters  in  certain  required...  133 

Hours  in  city  hall 82 

Officer.  Delivery  property,  etc.,  to  successor 86 

Misconduct,  removal,  of 87 

Impersonating  an 440 

Wearing  uniform,  star  of 441 

Resisting  an 443 

Duty  of  citizens  to  assist 444 

•Free  transportation  of 446 

Officers.  Duty  of  in  protecting  water  works 141 

Monthly  statements,  financial  reports  of,  to 

auditor 158-160 

And  employes.  Salaries  of,  when  payable...' 84 

Report  to  mayor  when 85 

Offices.  Water  rates  for 121 

Omnibus  Drivers.  Police  control  of 545 

Opera  Houses.  Water  rates  for 121 

Opium.  Sale  of 988 

Joints 535 

Keepers,  inmates,  of 543 

Owner  of  building  occupied  by 543 

Orchards.  Irrigation  of  for  profit 153 


2o6  index. 

Ordinances.  How  pleaded 52 

Construction  of 73 

Repeal  of,  effective  when 74 

Repealed,  not  revived  by  repeal  of  repealing 77 

Penalty  incurred  before,  not  affected 78 

And  regulations  of  water  department,  violations  of  146 

Palmists.  Licensing  of.  . 223-225 

Paper,  Straw,  Etc.  In  streets,  etc 619,620 

Park  Rules  and  Regulations 936 

Park  Commission.  Members  of  in  unclassified  service  9 

Bond  of  secretary  of .• 71 

Powers  of  not  affected 948 

Regulations.  . . . 936 

Parks.  Superintendent  of 10 

Injuring  trees,  flowers,  etc.  in 552-936 

Molesting  buildings,  tools,  in 552. 

Turning  animals  into 552 

Placing  refuse  in 552 

Birds  and  nests  in 553 

Acquisition  of  lands  for 929-933 

Campfires  in : 936 

Bills,  advertisements,  signs,  in 936 

Defacing  buildings,  bridges,  etc.,  in 936 

Erecting  buildings,  tents,  in 936 

Selling  merchandise  in,  permit 936 

Carriages,  burros,  etc.,  in 936 

Charges,  fares,  of 936 

Offensive  conduct  in 936 

Spitting  in 1019 

Special  ordinances  relating  to — see  appendix  pp.  160-162. 

Parkways.  Beyond  city  limits,  acquisition  of 929-933 

Patrol.  Of  streams,  water  sheds 145 

Patrolmen.  Salary  of 177 

Special,  mayor  appoint , 430 

For  special  duty * 432 

Suspension,  removal  of 434 

Patrol  Wagons.  Right  of  way  of 451 

Paving.  Contracts  for 767 

Of  alleys,  remonstrance,  objections 772 

Pawnbroker.  Licensing  of 265-277 

Bond  of.  266 

Keep  record 268 

Peanut.  And  candy  stands,  license,  location,  of 209-21 1 

Peddlers.  Of  foodstuffs,  licensing  of 278-283 

And  solicitors,  licensing  of 216-218 

Of  drugs  and  medicines 997 

Scales,  measures,  used  by 1170 

Of  junk 236,  237 

Penalty.  Wihen  none  specially  provided 71 

Penalties. — see  offenses  and  penalties. 

Personal  Injuries.  Officers,  detectives,  to  report  ..  448,449 

City  physician  examine,  report ^ 978 

Personation.  Of  firemen 589,590 

Petroleum  Products.  Handling,  storage,  of 629-677 

Leaking  of  on  streets 913,914 


INDEX. 


20'/ 

Pharmacist.  Registration  of 9^5 

Sale  of  poisons  by 98S 

Pharmacists.  Register  of  in  health  department 998 

Pharmacy.  Prescription,  license  of  to  sell  liquor....  385-418 

Liquor  license  fee  of 394 

Owner  of  permit  to  conduct 398 

Liquor  sold  by  without  license 403 

Restrictions  on  selling  liquor  by 405-407 

Photograph  Establishments.  Water  rates  for 121 

Physician.  Speeding  automobile,  motorcycle 357 

Physicians.  Registration  of  in  health  department/^.  . . . 985 

Duty  of  to  report  births 986 

To  report  deaths 987 

To  report  certain  diseases 998 

Register  of,  contain  what 997 

Picture.  Obscene,  posting,  exhibiting 534 

Pigeon-hole  Table.  Bagatelle.  Licensing  of 226-229 

Pigeons.  At  large 1067 

Pigs.  Keeping  prohibited 1059 

Pikeview  Reservoir.  Fishing  in 555 

Pipe.  Quality,  weight,  of .’ 1084 

Joints,  plumbing  regulations  regarding 1084 

Pipes.  Lead,  quality  of no 

And  fixtures,  water,  owners  keep  in  repair 112 

Access  to  premises  to  examine 136 

Pipeline.  Water,  obstruction  of 143 

Pistol.  Discharging 505 

Pit.  Or  vault,  leaving  open 519 

Foreman,  water  department,  wages  of 177 

Pitch  and  Tar.  Boiling,  permits  for 613 

Planning  Commission.  City  established 25 

How  constituted v 26 

Powers  of 27 

Duties  of 28 

Matters  for  consideration  of 29 

Plats  of  additions  submitted  to 30 

Expenses  of 31 

^Members  of.  compensation.. 31 

Vacancies,  how  filled 26 

Playground  Commission - 88-96 

Plays.  Immoral  prohibited 530 

Pleading.  Ordinance 52 

Pleasure  Grounds.  Acquisition  of  lands  for 929-033 

Pledge.  Pawnbroker  must  insure 274 

Receiving  from  minors,  drunkards 275 

Plumber.  Service  pipes  must  be  installed  by 115 

Must  be  licensed 106 

Make  report  when  service  pipe  installed 115 

Master  license  and  bond  of 356 

Notify  inspector  when  work  ready 1083 

Penalties  relating  to 1098 

Plumbers.  Board  of  examiners  of,  created 1073 

Examinations  by 1074 

Compensation  of  members  of 1075 

Plumbers  and  Gasfitters.  Examinations  of 1074 

I 


INDEX. 


208 

Plumbing.  Plans  for 1078 

In  building,  examination  of 1080 

Report  on  by  plumbing  inspector 1080 

Duty  of  owner  of  building 1080 

Work,  doing  without  certificate,  penalty 1076 

Permit  for  required  when 1083 

Application  for 1083 

Uncovered  until  inspected 1083 

Inspection  of,  how  made 1085 

Certificate  of  approval  of 1085 

Definition  of 1086 

Approval  of  in  buildings  having  basement iioi,  1102 

' Regulations 1084 

Inspector,  bond  of 71,  1077 

Qualifications  of ; 973,  977 

Member  board  of  examiners  of  plumbers T073 

Position  of  created 1077 

Appointment,  bond,  of 1077 

Powers  and  duties  of 1078 

Right  of  to  enter  buildings 1079 

Examine  plumbing  in  building  when 1080 

Compensation,  salary  of 168,  1081 

Assistants,  appointment  of 1082 

Approve  plans,  etc.,  for  plumbing 1083 

May  stop  plumbing  work  when 1083 

Issue  special  permits  when 1084 

Issue  certificate  of  approval  when 1085 

Inspections  by,  how  made 1085 

Is  superintendent  of  sewers 1087 

Pneumonia 975 

Report  of  to  health  department 998 

Poisons.  Sale  of  regulated 988 

Poles.  In  streets  and  alleys,  permit  for 969 

Posting  bill,  advertisements,  on 971 

And  wires,  injuring 970 

Electric,  inspection  of 378 

License  tax  on 379 

Police.  Chief  of — see  chief  of  police. 

Department  established 420 

Manager  of  commissioner  of  public  safety  is.  . 421 

Subordinate  officers  and  members  of 429 

Rules  and  regulations  of  to  be  made 430 

Secretary  of 436 

Members  of  to  aid  firemen 439 

False  impersonation  of 440 

Free  transportation  of 44b 

Receiving  gifts,  rewards 452 

Assessed  for  relief  fund 458 

Fined  by  relief  fund  board 462 

Entitled  to  sick  benefits 466 

Relief  of  total  disability 467 

When  totally  disabled 468 

Dependents  of  in  case  of  death 469 

Retirement  of  . . . 470 

Retired,  assigned  to  duties 471 


INDEX. 


209 

Impound  animals 480 

Duties  of,  as  to  rules  of  the  road 515 

Force  execute  process  of  police  court 48 

Salaries  of  members  of I77 

Divisions  and  districts  of 428 

Rules  and  regulations  of,  how  made 429 

Maximum  consists  of 437 

Powers,  duties,  of  members  of 438 

Misconduct  of  members  of 450 

Officers,  Duties  of,  in  protecting  water  system.  . 141 

Uniform,  star,  whistle 441 

And  patrolmen,  suspension  and  removal  of.  . ^34 

Captain 435 

Sergeant,  may  take  bail,  when 54 

Patrol  wagons,  right  of  way  of 451 

Control  of  hacks,  cabs,  drays,  etc 445 

Alarm  sj-’stem,  city  electrician  charge  of 688 

Department  relief  fund  rewards  paid  to 452 

Created,  administered 454 

Court,  created  . 41 

Action  in  on  civil  service  ordinance 22 

Commenced  how 53 

Summons,  warrant,  when 53 

Council  furnish  supplies  of 43 

Jurisdiction  of 44 

Process  of,  how  executed 48 

Rules  of,  magistrate  make 50 

Sessions  of 51 

Bail  in 54.55 

Defaults  in,  proceedings  on 56 

Continuances  in 57 

Fines,  commitments,  in 58 

Judgments  of,  how  enforced 58 

Witness  fees  in 61 

Costs  in 62 

Subpoena  in  . . 63 

Appeal  from 67 

^fagistrate.  Appointment  of 42 

Pro  tempore 42 

Subject  to  removal 41 

Qualifications  of 45 

Compensation  of 46,  177 

Bond  of T 49.  71 

Powers  of  . . 50 

Examine  Complaints 51 

Issue  summons,  warrants 51 

Take  bail 54 

Fees  taxed  by 63 

Pay  moneys  to  treasurer  daily 64 

Pay  fees  to  witnesses 64 

Fines,  costs,  must  be  paid  to 65 

Monthly  reports  of 66 

May  practice  law,  restrictions 69 

Duties  of 63 


14 


210  INDEX. 

Policemen.  Special,  without  pay 9 

Other  employes  appointed  as 431 

False  impersonation  of 440 

Duty  of  as  to  excavations  in  streets 447 

Policemen’s  Relief  Fund  Board — see  relief  fund. 

Pollution  of  Waters I42 

Pool  Tables.  Licensing  of  . 216-229 

Poor  Persons.  Abatement  of  water  rates  to 125 

Popcorn  Stands.  Licensing  of 209-212 

Porch.  Over  sidewalk 880 

Posting  Bills,  Etc.  Where 878 

Poultry.  Running  at  large 1067 

Yards  and  buildings 1050,1068 

Nuisance  when 1068 

Crates,  coops,  dimensions  prescribed 1142 

Sanitary  regulations  of 1142 

Pound.  Keeper  of  the,  assigned  to  department  of  pub- 
lic safety  419 

Duties  of 480,  488 

Compensation,  perquisites  of 487 

Under  charge  of  chief  of  police  479 

Charges  for  keeping  animals  in 481 

Breaking  open,  penalty 485 

Obstructing  taking  up  of  animals 485 

Taking  animal  to  wrongfully 486 

Poundmaster.  Bond  of 71 

. Powder  Magaine.  Prohibited  where 478 

Power  Houses.  Water  meter  required  for 133 

Electric,  poles  and  wires  for,  tax  on 378-382 

Prescription  Pharmacy — see  pharmacy. 

Prescriptions.  Of  physicians,  sale  of  poisons  on 988 

Who  make  contents  of 989 

Open  to  inspection 990 

Fraudulent,  fictitious 9Qi 

False  statement  in 992 

Price  Cards.  For  licensed  vehicles 201 

Printing.  Charge  and  supervision  of 156 

Prisoners.  Personal  effects  taken  from 424 

Privies.  Cleaning  of 974 

Privy  Vaults IT03 

Process.  Of  police  court,  style  of 47 

Who  may  execute 48 

Profane  Language 497 

Profiles  of  Additions  to  City 75.U755 

Promotions.  In  classified  civil  service 14 

Property.  Books,  etc.,  officer  deliver  to  successor....  85 

Of  city,  inventories  of 17T 

Recorded  by  auditor 172 

T.ost,  stolen,  etc.,  record  of 433 

Damage  to  by  accident.  Duty  of  chief  of  police..  448,449 

Public,  offenses  affecting 

Private,  injury  to 563 

Caring  for  on  Sunday 569 

Prospect  Lake.  Fishing  in 555 

Prostitute , . . . . 537 


INDEX. 


21 1 


Protection.  Of  water  works 146 

Public  Buildings.  Supervision  of 72S 

Cuspidors  required  in 1019 

Dances  and  dance  halls 288-308 

Terms  defined 288 

Licenses  for 289,290 

Inspection  of  premises 291 

Licensee  of  dance  hall 293 

Permits  for  dances 294-297 

Minors  attending 297-299 

Inspector  of  dance  halls 300 

Forms  of  applications,  etc 301,  302 

Intoxicants  at 303  • 

Posting  dance  hall  license 305 

Rules  for,  penalties 306-308 

Grounds,  supervision  of 728 

Halls,  safety  appliances  in 750 

Improvements,  control  and  supervision  of 728 

Contracts  for  how  authorized 164.765 

Local  authorized  by  ordinance 766 

Contracts  and  assessment  of  costs,  procedure 

for 767 

Apportionment  of  assessments  for 768 

Taxation  of  railways*  for 769 

Cost  of  at  street  intersections 770 

Public  property  assessed  for 771 

Contracts  for  sidewalks 775~78o 

Certificate  of  assessment  for 790 

Assessments  for  a lien 793 

Illegal,  proceedings 793 

Costs  of,  assessment  roll  for 794 

Assessments  for,  when  due 795 

How  payable 796 

Installments,  payable  when 797 

Failure  to  pay 798 

Discount  of 799 

■ Default  of,  sale 800 

Ownership  of  property  assessed  for 801 

Collections  of  assessments  for,  by  county 

treasurer 802 

Special  assessments  for '. . . . 803 

Bonds  and  warrants  for 804-806 

Tax  sale  for  cost  of 807 

Petition  for 808 

Remonstrance  against 809 

Contract  for  how  let 810 

Terms  of 81 1 

Connection  with  mains  required 812 

Description  of  property  affected  by.' 813 

Publication  of  notice  relating  to - 814 

Limitation  of  actions  relating  to 815 

Library  established 949 

Wrongful  taking  of  books  from 950 

Failure  to  return  book  to 951 

Injury  to  books  and  property  of 952 


212 


INDEX. 


Fines  paid  to  use  of 953 

Places,  drinking  intoxicants  in 409 

To  be  kept  sanitary 971 

Spitting  in 1019 

Scales,  charge  of 971 

Service  corporations,  examination  of 156 

Supervision  of  954,  970 

Works  and  property,  commissioner  of  designated.  6 

Powers  and  duties  of 728 

Quarantine.  Duties  of  health  officer  relating  to 975 

Notice  of  tearing  down,  mutilating 975 

How  established 999 

Release  of 1001 

Expense  of,  by  whom  paid  1003 

Quarantined  House.  Delivery  of  milk  to 1130 

Rabbitries.  Health  officer  may  permit 1059 

Railroads.  Water  meters  required  for 133 

Police  officers  carried  free  by 446 

Engines,  cars,  of  obstructing  fire  department 583 

Franchises  granted  to — see  Appendix  pp.  T04-132. 

Crossings  of.  flagmen,  gates,  at 959-964 

Duties  of  railway  companies  at 965 

Engines  approaching,  ring  bell 967 

Speed  of  trains  at 967 

Trains  stopping  on 967 

Railway.  Street,  tax  on  poles  and  wires  of 378-382 

Companies,  taxed  for  public  improvements 769 

See  streetcar,  street  railway. 

Ranches.  Irrigation  of  for  profit,  from  ditches 153 

Rates.  For  use  of  water,  how  fixed 99 

Schedule  of 121 

Abatement  of,  when  authorized 125 

Records.  Received  in  evidence 80 

Reforestation.  Of*  watersheds 945 

Refuse.  Throwing,  on  streets,  etc 1021 

Regulations.  For  use  of  water 99 

Of  water  department,  enforcement  of 146 

Relief  and  Pension  Fund.  Fire  department — see  fire 
department. 

Fund.  Police  department 454-476 

Created,  administered  how 454-457 

Assessments  for 458 

Custodian  of 459 

Warrants  on 460 

Benefits  of,  who  entitled  to 461 

Fines  imposed,  collected  462 

Sources  of  revenue  for ; ^63 

Money  of.  kept  in  fund 464 

How  invested ^65 

Sick  benefits  466 

Benefits,  for  total  disability 467,468 

To  dependents 469 

Prorated,  when 472 

Exemption  of 473 

Board,  legal  adviser  of 474 


INDEX. 


213 


Board  report  to  mayor  and  council 475 

Powers  reserved  to  council 476 

Removal.  Of  officers  for  misconduct 87 

Of  police  officers  and  patrolmen 434 

Rentals.  From  public  utility  corporations 156 

Repairs.  Of  water  mains,  shutting  off  water  for 137 

Repeal.  Of  ordinance,  takes  effect  when 74 

Of  repealing  ordinance,  effect  of 77 

Effect  of  on  accrued  rights,  liabilities 78 

Reports.  To  mayor  by  all  officers  when 85 

Reservoirs.  Pollution  of 142 

Enclosures  of.  entering 144 

Irrigation,  control  of  . . 147 

Bathing  in 533 

Residences.  Water  rates  for 121 

Resisting  Officer 502 

Restaurants.  Water  rates  for 121 

Intoxicating  liquors  in 408 

Solicitors  for 3IQ-33I 

Revenue.  Commissioner  of  finance  certify  amount  re- 
quired   156 

Monthly  statements  of  to  auditor 158 

Rewards.  Earned  by  police  officer 452 

Rinks.  Skating 280-287 

Riot.  Special  patrolmen  in  time  of 430 

Riotous  Conduct 494 

Road-roller  Men.  Wages  of 177 

Roads  and  Driveways.  Beyond  city  limits 929-933 

Rodmen.  Salary  of 177 

Rooming  Houses.  Water  rates  for 121 

Solicitors  for 319-331 

Roster.  Civil  service 16 

Rubbish.  Leaves,  etc.,  burning  of 610 

And  weeds,  removal  of 917 

Within  fire  limits 549 

In  streets,  etc • 549 

In  parks 552 

Rules.  Of  construction  of  ordinances 73 

Of  the  road 5n-5i5 

And  regulations  of  health  department 979 

Runners.  For  hotels,  etc 319-331 

Sabbath.  Observance  of  Saturday  as . 570 

Safety.  Public,  powers  of  commissioner  of 419 

Department  of,  employes  in,  how  appointed 419 

Commissioner  of  manager  fire  department......  575 

Salaries.  Of  city  employes,  schedule  of 177 

Payable  when 179 

How  fixed,  provided  for 83 

Payable  monthly,  semi-monthly 84 

Of  mayor  as  commissioner 103 

Saloon.  Water  rates  for 121 

Sandtraps 1098 

Sanitarium.  Water  meter  for 133 

For  exclusive  treatment  of  tuberculosis,  etc 1022 


INDEX. 


214 


Sanitary  regulations 

Inspection,  annually,  l)y  health  department 

Scaffolds.  And  platforms,  for  building,  safety  of 

Scalemen.  Assigned  to  health  department 

Scales.  Public  charge  of 

City  designated 

Testing  of 

Scarlet  Fever 

Period  of  quarantine  for 

Report  of 

Scarletina 

Report  of 

Period  of  quarantine  for 

Scavenger.  License  of  to  clean  grease  traps 

Application  and  bond  for 

Regulations  for 

School  District.  Property  of  assessed  for  public  im- 
provements   

Schools  and  Colleges.  Water  rates  for 

Meters  required  for 

Attendance  of  in  cases  of  communicable  disease.. 

Vaccination  of  pupils  attending 

Tubercular  persons  may  not  teach 

Seal.  Corporate,  of  city,  established 

Custodian  of 

Second-hand  Stores.  Licensing  of,  regulations 

Secretary.  Or  park  commission,  bond  of 

Of  police  department 

Sergeant.  Police,  salary  of 

Service  Pipe.  Connections,  permits 

Depth,  to  be  laid 

Owner  of  provide  stopcock... 

Supplying  different  premises  . . .. 

Plumbers  only  may  install 

Discontinuing  connection  of 

Tampering  with 


1027 


1017 

520 

971 


971 

1176 

1181 


975 

999 

998 

975 

998 

999 


1096 

1096 

1096 


770 
121 
1 33 
1002 
1014, 1015 
1018 
81 
33 

257-264 

71 

436 

177 

109 

III 

113 

114 

T15 

116 

138 


Sewer.  Tampering  with 559 

Systems,  districts  and  subdistricts 779,  781 

Private,  when  a nuisance 1060 

Inspector,  under  supervision  commissioner  public 

health 971 

Connections,  permits  for 1088 

None  but  plumber  may  make 1089 

Sizes,  changes,  etc 1090 

With  gutter,  cesspool,  etc.,  prohibited 1091 

With  basement  fixtures 1099-1102 

Sewers.  Construction,  right  of  way  for 780 

District,  and  laterals 782 

Cost  of,  apportioned 783 

Temporary  connections  with 784 

Private,  restrictions,  regulations 785 

Construction  of  not  subject  to  remonstrance 786 

Extensions 787 

Connections,  not  permitted  until  cost  paid 788 


INDEX. 


215 

* Assessments  for,  when  illegal 789 

Certificate  of 79<> 

In  additions  to  city 857 

Superintendent  of,  powers  and  duties  of 1087 

Applications,  permits,  to  connect  with 1088 

Who  may  uncover  or  open 1089 

Injury  to,  notice  to  plumbing  inspector 1092 

Refuse  in  not  permitted 1093 

See  plumbing;  plumbing  inspector. 

Shavings.  And  other  combustible  materials 61 1 

Sheep.  Running  at  large 478 

Shooting.  On  lakes,  reservoirs 142 

Galleries,  licensing  of 226-228 

Shows.  Licensing  of 253,254 

Sidewalk  Contractors.  License  and  regulations  of . . . . 351-354 

Sidewalks.  Sprinkling,  running  water  on 551 

Water  in  pools  on 882 

Leaving  irrigation  boxes  on,  uncovered 883 

Riding,  driving  on 886 

Snow  on 887-908 

Washing  of  on  certain  streets 909 

Obstructions  on  . 889-907 

Merchandise  on 889-891 

Coalhole  in,  how  covered 892-894 

Vaults  under,  covering  of 895 

Construction  of 896 

Spitting  on 1019 

Laying  of,  street  grade  for 730 

Contracts  for 767-775 

Construction  of 775 

Cost  of,  how  apportioned 776 

Outside  sidewalk  districts 777 

Must  conform  to  grade 778 

Curbs  and  gutters 820-846 

Must  conform  to  grade 820 

What  portion  of  street  is ' 821 

Position  of 822 

Width  of  on  certain  streets 823-830 

Not  determined  where 833 

Specifications  for  construction  of 841 

Under  construction.  Barricades,  lights 843 

Of  concrete,  in  certain  districts 845 

Of  flagstone 846 

Signs.  Electric,  permits  for 689 

Attaching  to  buildings 878 

Removal  of 879 

Sink.  A nuisance  when 1060 

Sinks.  Examinations  of  by  health  officer 974 

Skating  Rinks.  License  and  regulation  of 284-286 

Where  lewd  persons  resort 538 

Slaughter  Houses.  Water  meter  required  for 133 

Regulations  concerning 1141 

Animals  in  yards  of 1141 

Inspection  of 1141 

Smallpox 975 


2i6 


INDEX. 


Report  of  to  health  department 998 

Quarantine  period  for 999 

Persons  infected  with,  bringing  to  city 1007 

Vaccination  for.  . . . 1011,1012 

Smoke.  . Gases,  vapors  nuisance  when 1070 

Permitting,  penalty 1071 

Duty  of  mayor  concerning 1072 

Snow.  On  sidewalk 887 

Removal  of  from  walks  and  gutters 908 

Soda  Fountain.  Water  rates  for 121 

Soilpipes.  Regulations  for 1084 

Soliciting.  By  lewd  women  . 537 

Solicitors.  Business — see  business  solicitors. 

For  hotels,  etc.,  license,  regulations,  of 319-328 

And  peddlers,  license,  regulations 216-218 

South  Cheyenne  Canon.  Road  in 936 

Specifications.  For  public  improvements 767 

Speed  Regulations.  For  streetcars 954 

Spitting.  In  public  places 1019 

Sports.  On  Sunday 564 

Sprinkling.  Water  rates  for 121 

Regulations 130 

Wasteful 131 

On  sidewalks 551 

Carts,  water  rates  for 121 

Stable.  Nuisance  when 1058 

Manure,  nuisance,  regulations 1061 

Dairy,  daily  cleaning  required 1131 

Stables.  Boarding,  livery,  veterinary,  water  rates....  121 

Licensing  of 230-232 

Stairs.  Outside,  over  sidewalk ' 880 

Star.  Of  police  officer,  unauthorized  wearing 441 

Steam  Boilers.  Water  rates  for 121 

Stenographer  and  Clerk.  Department  public  works, 

salary  of 177 

Stolen  Property.  Police  record  of ' 433 

Sale  of 433 

Stone-throwing.  ’In  street 517 

Stopboxes.  Separate • 126 

Examination  of 136 

Stopcocks.  Water,  how  furnished,  paid  for no 

Charges  for in 

Location,  care  of 113 

Tampering  with 138 

Plumbing  regulations  regarding  . 1084 

Storage.  Of  gasoline:  etc 633, 634 

Of  gunpowder,  etc 677-686 

Stores.  Business  houses,  water  rates  for 121 

Hydraulic  elevators  in,  water  rates  for I2i 

Open  on  Sunday 568 

Streams.  Pollution  of 142 

Patrol  of 145 

Street  Cars.  Catching  on  when  in  motion 518 

Obstruction  of  fire  department  by 583 


INDEX. 


217 

Speed  regulations  of 956 

Shield  on  to  protect  motormen 957 

Spitting  on  floor  of 1019 

Carry  police  officers  free 446 

Street  Commissioner.  Salary  of 177 

Bond  of  ...  71 

Assigned  to  department  of  public  works. 728 

Term,  includes  avenues,  boulevard,  etc 774 

Grades,  city  engineer  furnish 730 

Intersections,  cost  of  improving 770 

What  portion  of  is  sidewalk 821 

Parking,  irrigation  of 831 

Leaving  vehicle  in,  after  dark 888 

Railway  companies,  provide  weather  shields  on 

cars 955-957 

Tax  on  poles  and  wires  of 378-382 

Vendors,  license,  regulations 233-235 

Extensions  and  openings — see  Appendix  p.  168. 

Vacations — see  Appendix,  pp.  168-176. 

Street  Railway  Franchises — see  Appendix,  pp.  40-94. 

Streets.  Excavations  in,  duty  of  policemen 447 

Without  permit  forbidden 548 

Regulations  concerning 867-877 

Control  and  supervision  of  . 728 

Paving  and  improvements,  contracts  for 767 

Grading  of  in  additions  to  city 856 

And  pavements,  protection  of 859-866 

Traffic  restrictions  on,  in  parking  districts.  . . . 859 

On  certain  streets 861,  863,  865 

Rubbish,  litter,  in 549,  550 

Drippings  on  from  automobiles 91 1 

Leakings  on  in  conveying  oils 913 

Obstructions  on 889-907 

Merchandise,  boxes,  etc.,  on 891 

Vehicles  left  on 897 

Sales  of  animals,  vehicles,  in 898 

Conveying  poles,  long  timbers,  through 899 

Commissioner  of  public  health,  sanitary  control  of  980 

Strychnine.  Sale  of 997 

Students.  Selling  liquor  to 406 

Subpoena.  Police  court 63 

Summons.  Police  court 51 

Sunday.  Billiard  halls  closed  on 228 

Closing  required  of  bowling  alleys 228 

Shooting  galleries ^ 228 

Skating  rinks .* 286,  287 

Public  dances 295 

Shows,  theaters 564 

Barber  shops 564 

Certain  stores 568 

Serving  intoxicating  liquors  on 386 

Ball  games  forbidden 564 

Work  and  labor  on,  what  permitted 567-569 

Observance  of  seventh  day  as 570 

Employes  laboring  on,  penalties 57i,  572 


2i8 


INDEX. 


Superintendent.  Of  cemetery,  salary  of 

Bond  of 

Qualifications  of 

Appointment  of 

Duties  of 

Assistants 

Of  sewers,  salary  of 

Assistant,  salary  of 

Duties  of 

Of  streets,  duties  of,  as  to  excavations 

Of  water  works,  appointment  of 

Powers  and  duties  of 

Assistants  and  subordinates  of • 

Salary  of 

Member  board  of  examiners  of  plumbers 

Supplies.  Commissioners  of  departments  purchase... 

Lists  of,  each  department  prepare 

Advertisement  for  bids  for 

Purchases  of,  how  made 

Omitted  from  lists,  how  purchased 

Emergency  purchases  of 

Bills  for  purchase  of,  auditing,  warrants 

How  accounted  for 

Of  blank  books,  how  procured 

Surfacing.  Contracts  for 

Surgeons.  Registration  of 

Duty  of  to  report  births 

Register  of 

Survey.  Of  additions  to  city 

Swearing 

Swimming.  In  reservoirs,  etc 

Swine.  Running  at  large 

Tags.  For  licensed  vehicles 

Tamale  Stands.  License  of 

Tapper.  Water  department,  salary  of 

Tapping  of  Mains 

Taps.  Furnished  by  city,  paid  for  by  applicant 

Water  rates  for 

Tax.  On  electric  poles  and  wires 

Sale  of  property  assessed  for  public  improvements 

Taxation.  Amount  to  be  raised  by 

Telegraph.  Poles,  wires,  inspection,  supervision  of. . 

License  tax  on 

Companies,  annual  statements  and  payments  by. . 
Install  repair  apparatus,  etc.,  without  permits 

Poles  of,  in  streets,  consent  of  council 

Franchises — see  Appendix,  pp.  95-98. 

Telephone  Operators.  Fire  department,  salary  of 

“Nickel  first”  slugs  for,  use  of 

Poles  and  wires,  inspection,  supervision,  of 

License  tax  on 

Poles  in  streets  and  alleys,  consent  of  council 

Company,  permits  not  required  of  for  certain 

work 

Franchises — see  Appendix,  pp.  99-103. 


177,  1040 

71 

971 

1038 

1039 
1041 

i7T 

177 

1069.  1087 
869 

104 

105 

106 
177 

1073 

164 

165 
t66 

167 

168 

169 

170 

173 

174 
767 

985 

986 
997 

852,  853 
494 
142 
478 
201 
210,  211 
177 

no.  III 

no 

121 

379 

807 

156 

378 

379 
380-382 

689 

969 

177 

525-527 

378 

379-382 

969 

689 


INDEX. 


219 


Theater.  Fire  drills  by  employes  of 607 

Weekly  reports  by,  of  fire  facilities 609 

Stage  firemen  in  . 608 

Theaters.  And  opera  houses,  water  rates  for 121 

Shows  in  on  Sunday 564 

Threatening  Language 497 

Timber.  On  city  watersheds,  sale  of 954 

Towels.  In  public  places 1025 

Toy  Pistols 506,  507 

Weapohs 508,  509 

Trachoma.  Physicians  to  report 998 

Traffic.  Restrictions  within  parking  districts 859 

On  certain  streets 861-866 

Transcripts.  Of  records  and  papers,  in  evidence 80 

Transfer  Wagon.  License  of 198 

Transient  Dealers.  Licensing  of 220-222 

Transportation.  Free,  of  police  officers 446 

Traps.  Plumbing  regulations  concerning 1084 

Treasurer.  City,  appointment  of 156 

Bond  of 161 

Duties  of 162 

Deputy,  council  appoint 163 

Salary -of 177 

Custodian  police  department  relief  fund 459,460 

Fire  department  relief  and  pension  fund 711,712 

Trees.  Branches  of  over  sidewalks 521 

Injuring  in  parks 552 

In  Evergreen  cemetery 554 

On  premises  of  another 563 

Hitching  animals  to 560 

Shrubs,  flowers,  in  parks,  protection  of 936 

Shipping  in,  distributing,  permits  for 937 

Permits  to  plant 938 

Planting  of 940 

Inspection,  spraying,  removing  infected 942 

Dead,  removal  of 943 

Abutting  owners  to  plant,  care  for 944 

Trial.  In  police  court 53 

By  jur3"  not  permitted 54 

Tuberculosis 975 

Report  of  to  health  department 998 

Persons  having,  not  employed  in  schools 1018 

Spitting  by,  penalty 1019 

Institutions  for  exclusive  treatment  of 1022 

Tunnels.  Under  pavements 869 

Turkeys.  Running  at  large 1067 

Turnoff  Man.  Water  department,  salary  of 177 

Typhoid  Fever 985 

Report  of  to  health  department 998 

Uniform.  Of  police  officer,  wearing,  without  authority  441 

Unlawful  Assembly 498 

Urinals.  Water  rates  for 121 

Plumbing  regulations  concerning 1084 

Usury.  By  pawnbroker,  limit  of 272 

Vacant  Lots.  Water  rates  for 121 


220 


INDEX. 


Vaccination.  Health  department  require loii 

Compulsory 1012 

Of  minors,  duty  of  parents,  guardians 1013 

Requisite  to  admission  to  schools 1014-1016 

Vagrants 510 

Vault.  Leaving  uncovered  or  unsafe 519 

Cleaning,  rules  governing 1107 

Permits  for 1109 

Cleaners,  license  of 1106 

Vehicles  and  appliances  of *.  1107 

Charges  of,  fixed 1108 

Vaults.  Examination  of  by  health  officer 974 

Privy,  not  permitted  where 1103 

Vegetables.  Unwholesome,  decaying 1144 

Vehicle.  Leaving  in  street  after  dark 888 

Public,  spitting  on  floor  of 1019 

Vehicles.  Of  hackmen,  expressmen,  draymen.  Li- 
cense of 196 

Fares  and  charges  of,  fixed 200 

Tags,  price  cards,  on 201 

Meeting  turn  to  right 51  t 

In  motion  seizing,  holding  to 518 

Rules  of  road  governing  drivers  of Si 5 

Washing,  on  sidewalk 757 

Left  standing  on  street  or  sidewalk 757,  897 

Certain,  not  permitted  is  parking  districts 859 

On  portion  of  Cascade  avenue 861-872 

Tejon  street 863,864 

Nevada  avenue 865,  866 

For  hire,  in  parks 936 

Vendors.  Street,  license  of 233-235 

Venue.  Change  of,  none  in  police  court 44 

Ventpipes.  Regulations  for 1084 

Vinegar.  Sale,  quality  of 1147 

Vitriol.  Handling  and  storage  of... 677-686 

Wagons.  Spilling  contents  on  streets 550 

Wall  Anchors 743 

Walls.  Of  buildings,  thickness  of 739 

Wards.  Boundaries  of,  established 79 

Warrant.  For  arrest,  may  be  issued  when S3 

Warrants.  Emergency,  water  department loi 

On  treasurer,  how  drawn,  regulations 158 

For  public  improvements 804-806 

Wastepipes.  Regulations  for 1084 

None  but  plumbers  may  lay 1089 

Water  Rights  of  Way — see  Appendix  pp.  133-159. 

Water.  Impure,  sale  of 1143 

Not  supplied  to  house  unless  numbered 127 

Use  of  to  stop  at  alarm  of  fire ^ 132 

Meters — see  meters. 

Right  to  shut  ofif,  for  connections  or  repairs 137 

City  not  liable  for  failure  to  supply,  when 137 

Turning  on,  without  permission 138 

Taking  from  fireplugs 139 


INDEX. 


221  . 


System,  injuring,  defacing,  any  part  of 140 

Protection  of,  duty  af  officers 141 

Pollution  of  streams  belonging  to 142 

Entering  enclosures  of 143 

Closets,  water  rates  for 121 

Plumbing  regulations  regarding 117,  1084 

Bonds 100 

Commissioner,  bond  of 71,  107 

Appointment  of 107 

Duties  of 108 

Compensation,  salary  of 108,  177 

Under  supervision  of  superintendent " 108 

Assess  water  rates  when 121 

Collect  water  rents 123 

Turn  off  water  when 123,  126 

Charge  of  for  turning  on  water 129 

Closets,  must  have  self-closing  valves 117 

Connections,  permits,  requirements 109 

Consumers  of,  regulations 99 

Fixtures,  repair  of 112 

For  irrigation  superintendent  has  control  of 147 

Inspectors,  salaries  of 177 

Licenses,  terms  of 118 

Applications  for 119 

Contents  of 120 

Rates  and  charges  for 121 

Regulations  for 122 

Mains,  tapping  of no 

And  pipes,  tampering  with 138 

Pipes,  in  additions  to  city 857 

, Electrolysis  of 958 

Rates,  how  fixed 99 

How  assessed  and  collected 108 

Schedule  of 121 

By  meter 134 

Abatements  of,  mayor  may  grant 125 

Refund  of 126 

Warrants  for 127 

Seals,  regulations  concerning 1104 

Sheds,  patrol  of 145 

Sale  of  timber  on 945 

Reforestation  of 945 

Superintendent,  bond  of 71 

Duties  and  compensation  of 105 

Cause  patrol  of  streams,  etc 145 

Control  of  ditches,  etc 147 

And  waterworks,  mayor  commissioner  of 6 

Department  of  an  entity ' 97 

Revenue  of,  how  applied 97 

Commissioner  of 98 

Emergency  warrants  of loi 

Employes  distributed  to 102 

Right  of  access  to  premises 136 

Salaries  of 177 

Account  in,  salary  of  mayor 103 


222 


INDEX. 


Waters.  Obstruction  of 

Ways.  Public,  control  and  supervision  of 

Weapon.  Carrying  concealed 

License  to  carry,  mayor  may  grant 

Weed  Removal  Fund 

Weeds.  And  rubbish,  removal  of 

Cost  of  removing 

Assessment  of,  not  to  prevent  fine 

Weighers.  Licensing  of : 

License  fee  for 

Council  grant  license  to 

Licensed,  -weighing  by  done  personally 

Certificate  of  weight  by 

False  certificate  by,  penalty 

Substituting,  for  another  

Altering  certificate,  penalty 

Out  of  city,  license  of 

Certificates  of  weight  by 

Drivers  must  have  certificate 

Tickets  issued  by 

False  weights  by 

Weighing.  Done  outside  ctiy  limits 

In  city 

Weighmaster.  City,  bond  of ' 

Salary  of ^ 

Appointment  of * 

Duties  of 

Certificates  of,  what  to  contain 

Keep  cashbook 

Fees  of  

Keep  scales  in  condition 

Compulsory  weighing  by 

False  certificate  of  weight  by 

Weight.  Certificate  of,  drivers  must  have 

Dealer  must  furnish  . . 

Weights  and  Measures.  Enforcement  of  ordinances 

relating  thereto -r- 

Inspection  of 

Selling,  by  inspector,  penalty 

Condemned  when 

Official  standards  of  . 

Used  by  peddlers 

Fraudulent 

For  dairy  products 

Defective 

Must  be  exhibited  to  inspector 

Whooping  Cough 

Report  of  to  health  department 

Wires  and  Cables.  Cutting  by  house  mover 

Overhead,  location  of,  distance  between 

Woman.  Employment  of  in  selling  liquor 

Seeking  employment,  sending  to  immoral  place.. 
Words  and  Phrases.  Definitions  of 


143 

728 

501 

501 

919 

917 

918 

920 

1182 

1183 

1184 

1185 

1188 

1186 

1187 

1189 
1195-1197 

1198 

1199 

1200 
1202 

1 1 95-1 203 

1185-1193 
71,  1178 
168,  1177 

1177 

1177 

1177 

1177 

1179 

1181 

1191 
1194 

1192 

1193 


1164,  1169 

1165 

1166 
1168,  1180 

1170 

1171 

1172 

1173 

1174 

975 

1000 

348-350 

698- 

407 

246 

73 


